Remanded
EB-1C
EB-1C Remanded — Wholesale Trade (2005): the director's denial was based on improper legal reasoning
Decision Summary
The case was remanded because the director's denial was based on improper legal reasoning and unsupported standards, such as an undefined view of 'common business practice' and the petitioner's small size. The AAO determined the director misapplied the definition of 'managerial capacity' regarding subordinate employees and failed to conduct a proper factual analysis or request necessary evidence.
Criteria Discussed
Managerial Or Executive Capacity Staffing Levels Nature Of Subordinate Employees Organizational Complexity Reasonable Needs Of The Business
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