EB-1C Remanded — Information Technology Consulting (2021): the decision was remanded because the Director's denial was

Decision Summary

The decision was remanded because the Director's denial was ambiguous and legally flawed. The Director failed to clearly state whether the deficiencies related to the Beneficiary's past foreign employment or proposed U.S. employment, and incorrectly applied the standards for a 'function manager' when the Petitioner argued the Beneficiary qualified as a 'personnel manager.' The AAO instructed the Director to issue a new, clear decision applying the correct legal standards.

Criteria Discussed

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