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The appeal was dismissed because the Petitioner's motion to reopen lacked new facts and the motion to reconsider failed to establish an incorrect application of law or policy. The Beneficiary did not meet the one-year foreign employment requirement due to time spent in the U.S. and the foreign role's executive nature was not demonstrated as it lacked control over subordinate managerial staff. The proposed U.S. role also lacked executive capacity due to discrepancies in organizational charts and insufficient staffing to relieve the Beneficiary of operational duties.