EB-1C Remanded — Consumer Goods Distribution (2013): the director initially denied the petition because the

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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