remanded
EB-1C
remanded EB-1C Case: Retail
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Decision Summary
The matter was remanded because the Director's initial denial was flawed, incorrectly applying elements of managerial capacity to a position claimed as executive capacity. However, the record was also found to be insufficient, with deficiencies in the job description, staffing evidence, and conflicting evidence regarding the qualifying corporate relationship, necessitating a new decision.
Criteria Discussed
Employment In An Executive Capacity Employment In A Managerial Capacity Beneficiary'S Job Duties Organizational Staffing And Hierarchy Qualifying Relationship Between U.S. And Foreign Entities Ownership And Control
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