EB-1C Remanded — Marketing (2016): the Director's denial was based on erroneous conclusions of

Decision Summary

The appeal was remanded because the Director's denial was based on erroneous conclusions of fact and law. The AAO found that the Director incorrectly claimed the petitioner omitted evidence, such as an organizational chart, which had been submitted. The matter was sent back for a new decision on whether the beneficiary would be employed in a qualifying capacity, and the AAO also raised a new issue regarding the petitioner's ability to pay the proffered wage.

Criteria Discussed

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