EB-1C Remanded — Semiconductor Manufacturing (2020): the AAO found that the Director incorrectly denied the

Decision Summary

The AAO found that the Director incorrectly denied the petition by conflating two separate eligibility factors. The AAO clarified that the qualifying relationship between the U.S. petitioner and the foreign employer must exist at the time of filing, but it does not need to have existed for one year prior to filing. As the petitioner submitted new evidence on appeal concerning its ability to pay, the case was remanded for the Director to consider this new evidence and issue a new decision.

Criteria Discussed

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