EB-1C Remanded — Information Technology (2023): the Director's denial was procedurally flawed

Decision Summary

The appeal was remanded because the Director's denial was procedurally flawed. The AAO found that the Director based the denial on perceived discrepancies in job duties without clearly communicating this concern in the Request for Evidence (RFE) and failed to analyze substantial evidence submitted by the Petitioner regarding the Beneficiary's managerial role. The case was sent back for a new decision based on a complete evaluation of the evidence.

Criteria Discussed

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