EB-1C Remanded — Wholesale Trade (2019): while the petitioner had not yet met its burden of proof,

Decision Summary

The appeal was remanded because while the petitioner had not yet met its burden of proof, the Director's specific grounds for denial were flawed. The Director incorrectly asserted that supervising contractors is not a managerial activity, made an unsupported conclusion about subordinates' roles based on salary, and did not adequately analyze the staffing levels. The case was returned to provide the petitioner a sufficient opportunity to address these deficiencies with further evidence.

Criteria Discussed

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