remanded EB-2 NIW Case: Food Service
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Decision Summary
The appeal was remanded because the Director's denial was based on erroneous evidence from a separate, unrelated case, specifically referencing employment and income in the construction industry. The AAO found the Director failed to properly evaluate the evidence the petitioner actually submitted for his occupation as a waiter. The case was sent back for a new decision based on the correct record.
Criteria Discussed
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