Remanded
EB-1C
EB-1C Remanded — Plant Management (2010): the director incorrectly denied the petition on the basis
Decision Summary
The director incorrectly denied the petition on the basis that the beneficiary was already a lawful permanent resident. The AAO determined there is no statute or regulation preventing a permanent resident from abandoning their status and applying for a new immigrant visa abroad. The case was remanded for a full review of the petitioner's eligibility, as the AAO noted deficiencies in the description of the beneficiary's managerial and executive duties.
Criteria Discussed
Prior Employment Abroad For One Year In A Managerial Or Executive Capacity Qualifying Relationship Between U.S. And Foreign Entities U.S. Employer Has Been Doing Business For At Least One Year Beneficiary'S Proposed Role Is Primarily Managerial Or Executive Definition Of Managerial And Executive Capacity
📄 Original decision (USCIS PDF)
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Research more EB-1C decisions on MeritDraft
Browse AAO decisions by visa type, outcome, and criteria discussed.
Browse Decisions →