remanded
EB-1C
remanded EB-1C Case: Software
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Decision Summary
The appeal was remanded because the AAO found the Director erred on the two grounds for denial. The AAO determined the petitioner did establish its ability to pay the proffered wage, and that the beneficiary's employment abroad qualified under the statute even though she remained on the U.S. entity's payroll. The case was sent back for a new decision on the merits of whether the beneficiary's duties were managerial in nature.
Criteria Discussed
Ability To Pay Proffered Wage Qualifying Employment Abroad Managerial Capacity
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