remanded
EB-1C
remanded EB-1C Case: Metal Trading And Construction
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Decision Summary
The appeal was remanded because the AAO identified a threshold eligibility issue not addressed by the Director. The petition was filed by the Beneficiary's foreign employer, whereas regulations require the petition to be filed by the U.S. employer. The case was sent back for further consideration of this fundamental requirement before evaluating other criteria like managerial capacity or ability to pay.
Criteria Discussed
Managerial Capacity Ability To Pay Proffered Wage U.S. Employer As Petitioner Doing Business For At Least One Year Qualifying Relationship Between Entities
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