EB-1C Remanded — Automotive: the director denied the petition, believing the

Decision Summary

The director denied the petition, believing the beneficiary's H-1B visa meant he was employed in the U.S. rather than abroad for the requisite period. The AAO found sufficient evidence to establish the beneficiary's primary residence and employment abroad, but noted the record lacked analysis on whether the beneficiary's past and proposed duties were of a qualifying managerial or executive capacity. The case was remanded for the director to request more evidence on the beneficiary's specific job duties and make a new determination on that basis.

Criteria Discussed

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