remanded EB-1C Case: Insurance
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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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