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USCIS restricts multinational employment exception, requires an additional year of qualifying employment abroad

  1. Original Date Announced

    March 19, 2018

    USCIS adopts as policy the decision of Administrative Appeals Office in Matter of S-P-, Inc. The decision states that an individual who worked abroad for a qualifying multinational organization for at least one year, but left its employ for a period of more than two years after being admitted to the United States as a nonimmigrant, does not satisfy the one-in-three foreign employment requirement for EB-1 immigrant classification as a multinational manager or executive. To cure the interruption in employment, the individual would need an additional year of qualifying employment abroad before he or she could once again qualify. [ID #502]

    USCIS Policy Memorandum (PM-602-0158): *Matter of S-P-*,Inc., Adopted Decision 2018-01 (AAO Mar. 19, 2018)
  2. Effective Date

    March 19, 2018

Current Status

Fully in Effect

Original Trump Policy Status

Status: Final/Actual
Trump Administration Actions: Adjudication Agency Directive
Agencies Affected: USCIS

Associated or Derivative Policies


Trump-Era Policy Documents

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