remanded EB-1C Case: Consumer Goods Distribution
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Decision Summary
The director initially denied the petition because the beneficiary, as the sole owner of both the U.S. and foreign entities, was not considered a true 'employee' subject to the company's control. The AAO determined that focusing on the employer-employee relationship was an incorrect basis for denial, especially for executives. The case was remanded for the director to re-evaluate the petition based on the beneficiary's managerial or executive duties and other fundamental eligibility requirements.
Criteria Discussed
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