EB-1C Remanded — Financial Services (2019): the Director's denial was withdrawn because the Director

Decision Summary

The Director's denial was withdrawn because the Director failed to properly consider the Petitioner's argument that the Beneficiary was an employee of its foreign parent company under common law rules of agency during a secondment period, even though he was on another entity's payroll. The AAO found that the Director did not adequately address the 'right of control' argument or give the Petitioner proper notice of evidence deficiencies, and remanded the case for a new decision after further review.

Criteria Discussed

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