remanded EB-1C Case: Commercial Kitchens
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Decision Summary
The appeal was remanded because the Director's denial was procedurally deficient. The AAO found the Director incorrectly concluded there was no qualifying corporate relationship and failed to provide a cogent analysis for the conclusion that the Beneficiary was not employed in an executive capacity. The case was sent back for a new decision, as the AAO also noted the record currently lacks sufficient evidence to establish the beneficiary's executive capacity.
Criteria Discussed
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