Remanded
L-1A
L-1A Remanded — Information Technology (2020): the matter was remanded because the Director's initial
Decision Summary
The matter was remanded because the Director's initial denial was procedurally flawed. The Director failed to offer a comprehensive analysis of all four prongs of the statutory definition of managerial capacity and did not adequately explain the evidentiary deficiencies. Although the current record is insufficient to approve the petition, the case was sent back for the entry of a new decision, allowing the petitioner an opportunity to submit additional evidence.
Criteria Discussed
Managerial Capacity Supervision Of Professional Employees Hire And Fire Authority Organizational Hierarchy Discretion Over Day-To-Day Operations
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