Remanded
EB-1C
EB-1C Remanded — Restaurant (2023): the Director's decision was flawed and lacked a complete
Decision Summary
The appeal was remanded because the Director's decision was flawed and lacked a complete analysis. The AAO found that the Director confused the evidence for the beneficiary's foreign and U.S. positions, incorrectly assessed the role under a 'managerial' rather than the claimed 'executive' framework, and wrongly concluded that the beneficiary's prior E-2 status disqualified him.
Criteria Discussed
Qualifying Employment Abroad Managerial Or Executive Capacity (Foreign Position) Managerial Or Executive Capacity (U.S. Position) Prior Nonimmigrant Status
📄 Original decision (USCIS PDF)
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