Remanded
EB-1C
EB-1C Remanded — Management (2010): the director denied the petition because the beneficiary
Decision Summary
The director denied the petition because the beneficiary was in the U.S. under H-1B status, not L-1. The AAO found this reasoning to be deficient, stating that H-1B status does not preclude eligibility. The case was remanded for the director to re-evaluate the petition based on the correct eligibility requirements for a multinational manager or executive, such as the qualifying relationship, employment abroad, and the nature of the beneficiary's duties.
Criteria Discussed
Beneficiary'S Nonimmigrant Status (H-1B Vs L-1) Managerial Or Executive Duties Beneficiary'S Employment Abroad Qualifying Relationship Between Foreign And U.S. Entities Petitioner'S Business Activity Ability To Pay Proffered Wage
📄 Original decision (USCIS PDF)
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