EB-1C Remanded — Retail Clothing (2007): did not establish the beneficiary would be employed in a

Decision Summary

The director denied the petition for failing to establish that the beneficiary would be employed in a primarily managerial or executive capacity. The AAO remanded the case because the director's Request for Evidence did not ask for information regarding the beneficiary's proposed U.S. duties, which was the sole basis for the denial, and therefore the petitioner was not given a fair opportunity to provide the necessary evidence.

Criteria Discussed

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