L-1A Remanded — Food Manufacturing (2021): the Director's decision was denied because the petitioner

Decision Summary

The Director's decision was denied because the petitioner allegedly failed to establish the beneficiary's proposed role was in a managerial capacity. The AAO found the Director made a legal error by incorrectly applying elements of the managerial and executive definitions to the beneficiary's subordinates. The case was remanded because of this error and because the petitioner changed the proposed job title on appeal, warranting a new decision and potentially an amended petition.

Criteria Discussed

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