Remanded
EB-1C
EB-1C Remanded — Operations Management (2021): established its ability to pay the proffered wage, contrary
Decision Summary
The appeal was remanded because the petitioner successfully demonstrated its ability to pay the proffered wage, contrary to the Director's finding. However, the AAO found that the Director's analysis of the beneficiary's managerial capacity was inaccurate and lacked clarity, thus not providing the petitioner a meaningful opportunity to challenge the findings. The case was sent back for a new decision with a proper analysis of the managerial capacity issue.
Criteria Discussed
Ability To Pay Proffered Wage Managerial Capacity (U.S. Position) Managerial Capacity (Foreign Position) Supervision Of Professional Or Managerial Personnel Primarily Managerial Duties Vs. Operational Tasks
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