EB-1C Remanded — Construction (2018): the AAO found the Director's reasons for denial were flawed

Decision Summary

The appeal was remanded because the AAO found the Director's reasons for denial were flawed. The Director incorrectly applied an arbitrary revenue threshold for the 'doing business' requirement and misinterpreted the petitioner's tax documents to question the beneficiary's executive capacity. The case was sent back for a new decision, which must also consider new derogatory information found by the AAO regarding the beneficiary's prior foreign employment.

Criteria Discussed

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