EB-1C Remanded — Metal Building Materials Wholesale: the AAO found the director made errors in the initial denial

Decision Summary

The appeal was remanded because the AAO found the director made errors in the initial denial. The director improperly dismissed evidence of the petitioner's ability to pay the proffered wage and made unreasonable assumptions about the beneficiary's proposed managerial duties. However, because questions about eligibility remained, the case was sent back for further review and a new decision rather than being approved outright.

Criteria Discussed

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