EB-1C Remanded — Import/Wholesale (2005): the director's denial was based on improper and unsupported

Decision Summary

The case was remanded because the director's denial was based on improper and unsupported reasoning. The director wrongly concluded that a small company does not have a reasonable need for an executive, using undefined standards like 'common business practice,' and misapplied the legal definition of managerial capacity concerning the supervision of professional employees. The AAO found the decision lacked a factual analysis of the evidence and ordered the director to reconsider the case after requesting any necessary additional evidence.

Criteria Discussed

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