EB-1C Remanded — Commercial Kitchens (2024): the Director's denial was procedurally deficient

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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