remanded EB-1C Case: Food Services
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Decision Summary
The decision was remanded because the Director did not properly analyze whether the beneficiary's foreign position met all prongs of the statutory definition of 'managerial capacity.' The Director failed to consider or request evidence regarding the first prong, specifically whether the beneficiary managed a department, subdivision, or function of the organization, and therefore the matter was sent back for a new Request for Evidence and a new decision.
Criteria Discussed
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