remanded EB-1C

remanded EB-1C Case: Software

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Software

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The director's decision was withdrawn and the case remanded because the denial was based on an ambiguous record regarding the petitioner's ability to pay and business operations.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

Ability To Pay Proffered Wage Doing Business For At Least One Year

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