EB-1C Remanded — Agricultural Products Import/Export (2006): the director's denial was based on an inadequate Request

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

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