EB-1C Remanded — Mining Equipment (2017): the Director's decision was withdrawn and the case remanded

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The Director's decision was withdrawn and the case remanded because the initial denial lacked an adequate analysis of the evidence, which prevented the petitioner from having a fair opportunity to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

Sign up free to download the original PDF