EB-1B Remanded — Engineering (2004): the director's denial was based on subjective factors, such

Decision Summary

The appeal was remanded because the director's denial was based on subjective factors, such as the beneficiary's job title and salary, rather than an objective analysis of the evidence against the regulatory criteria. The AAO instructed the director to re-evaluate the beneficiary's claim of international recognition under the proper regulations and to make a determination on whether the job offer is permanent, an issue that was not addressed in the final decision.

Criteria Discussed

Sign up free to download the original PDF