Remanded
EB-1C
EB-1C Remanded — Manufacturing (2021): the Director incorrectly identified a joint venture as the
Decision Summary
The appeal was remanded because the Director incorrectly identified a joint venture as the intended employer, leading to an erroneous analysis of the ability to pay and doing business requirements. The Director's finding of fraud or willful misrepresentation was also found to be inadequately supported, denying the petitioner a meaningful opportunity to respond. The case was sent back for a new decision, noting that the petitioner had not yet established a qualifying relationship with the foreign employer.
Criteria Discussed
Qualifying Relationship Employment Abroad In A Managerial Or Executive Capacity Proposed Employment In A Managerial Or Executive Capacity Foreign Entity Doing Business Abroad U.S. Employer Doing Business For At Least One Year Ability To Pay Fraud Or Willful Misrepresentation
📄 Original decision (USCIS PDF)
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