remanded EB-1C Case: Legal Services
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Decision Summary
The appeal was remanded because the AAO found the Director made several errors. The AAO determined that a qualifying relationship existed through a 50-50 joint-venture subsidiary, contrary to the Director's finding. Furthermore, the Director misstated the law by requiring the Beneficiary to prove both executive and managerial capacity, and issued a flawed RFE that was later used to unfairly reject the evidence submitted.
Criteria Discussed
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