remanded EB-1C Case: Mining Equipment
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Decision Summary
The Director's decision was withdrawn and the case remanded because the initial denial lacked an adequate analysis of the evidence, which prevented the petitioner from having a fair opportunity to contest it. Although the AAO noted the record was insufficient to establish the beneficiary would be employed in a qualifying executive capacity, the procedural error required that the matter be sent back for a new decision after allowing the petitioner to submit additional evidence.
Criteria Discussed
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