remanded
EB-1C
remanded EB-1C Case: Shipping And Freight
Decision Summary
The director denied the petition, concluding that the beneficiary could not be considered an 'employee' because he is the sole owner of the petitioning corporation. The AAO disagreed with this legal interpretation, finding that the statutory definitions of managerial and executive capacity focus on the duties performed, and that a corporation is a separate legal entity from its owner. The AAO withdrew the director's decision and remanded the case for further action consistent with this finding.
Criteria Discussed
Managerial Or Executive Capacity Employer-Employee Relationship Beneficiary Ownership
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