remanded
EB-1C
remanded EB-1C Case: Agricultural Products Import/Export
Decision Summary
The appeal was remanded because the director's denial was based on an inadequate Request for Evidence (RFE). The AAO found that the director failed to request the most relevant evidence to establish that the petitioner was 'doing business' (e.g., invoices, shipping documents) and also failed to properly consider the beneficiary's W-2 for the ability to pay analysis. The case was sent back with instructions to issue a new RFE for more specific evidence.
Criteria Discussed
Doing Business For At Least One Year Ability To Pay Proffered Wage Managerial/Executive Job Duties
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