EB-1C Remanded — Software: the director's decision was withdrawn and the case remanded

Decision Summary

The director's decision was withdrawn and the case remanded because the denial was based on an ambiguous record regarding the petitioner's ability to pay and business operations. The AAO found that additional evidence, such as corporate tax returns and the beneficiary's more recent W-2 forms, could clarify which entity was the actual employer and whether the petitioner could afford the proffered wage. The case was sent back to the service center to request this specific evidence before issuing a new decision.

Criteria Discussed

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