EB-1C Remanded — Transportation / Food Service (2016): the AAO reopened the case because the petitioner submitted

Decision Summary

The AAO reopened the case because the petitioner submitted new evidence demonstrating its ability to pay the proffered wage, which was the sole basis for the original denial. However, the AAO identified new concerns about whether the beneficiary's duties were primarily executive given the company's small number of employees and remanded the case to the director for further consideration of this issue.

Criteria Discussed

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