EB-1C Remanded — Insurance (2020): the Director denied the petition because the beneficiary's

Decision Summary

The Director denied the petition because the beneficiary's significant ownership interest in both the foreign and U.S. entities was believed to preclude a bona fide employer-employee relationship. The AAO remanded the case, withdrawing the decision, citing a recent court case (ITServe Alliance, Inc. v. Cissna) and a related USCIS policy rescission that changed how the employer-employee relationship is evaluated. The Director was instructed to reconsider the petition under the current guidance.

Criteria Discussed

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