EB-1C Remanded — Child Care (2006): the decision was remanded because the director's initial

Decision Summary

The decision was remanded because the director's initial reason for denial, the petitioner's inability to pay the proffered wage, was based on an erroneous interpretation of the petitioner's tax return. The AAO found the director mistook the tax liability for net income. However, the AAO identified new deficiencies regarding whether the beneficiary's U.S. job duties and prior foreign employment met the required managerial or executive capacity, and sent the case back for a new request for evidence on these issues.

Criteria Discussed

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