remanded
EB-1C
remanded EB-1C Case: Wholesale Trade
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
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Draft your EB-1C petition with AAO precedents
MeritDraft helps organize your evidence into a compliant petition draft grounded in USCIS criteria and attorney-style reasoning.
Sign Up Free →No credit card required. Generate your first petition draft in minutes.