EB-1C Remanded — Online Retail (2018): the Director's initial denial was procedurally flawed and

Decision Summary

The appeal was remanded because the Director's initial denial was procedurally flawed and lacked adequate analysis, preventing a meaningful opportunity for the petitioner to contest the decision. Although the AAO also identified deficiencies regarding the beneficiary's executive capacity and whether the petitioner had been doing business for the required one-year period, the case was sent back for the entry of a new decision after requesting additional evidence.

Criteria Discussed

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