remanded EB-1C Case: Gemstone Import
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Decision Summary
The appeal was remanded because the AAO found the petitioner did establish it was doing business for at least one year, withdrawing that ground for denial. However, the case was sent back for a new decision because the Director did not adequately explain why the beneficiary's proposed role failed to meet the 'executive capacity' requirement, particularly the need to direct the management of the organization.
Criteria Discussed
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