AAO Sec. 203(b)(1)(C) Victory/Remand...5 Years Later!

AAO Sec. 203(b)(1)(C) Victory/Remand...5 Years Later!

"The petitioner was incorporated in 1997 in the State of Illinois. It is engaged in ground transportation services. The petitioner seeks to classify the beneficiary as an employment-based immigrant pursuant to section 203(b)(1)(C) of the Immigration and Nationality Act (the Act), 8 U.S.C. § 1153(b)(1)(C), as a multinational executive or manager.

The director denied the petition, concluding that the petitioner failed to establish the following: (1) that the beneficiary is an employee and not the employer; (2) that the beneficiary will manage a subordinate staff of professional, managerial, or supervisory personnel who will relieve the beneficiary from performing the day-to-day duties of the business; (3) that the foreign entity is doing business; and (4) that the petitioner has been doing business for at least one year. ...

The director's finding with respect to the first ground of denial is inappropriate...

The director's finding with respect to the second ground is unsupported by the record and inappropriate...

The director's finding with respect to the third ground is unsupported by the record or the law. ...

The director's finding with respect to the fourth ground is erroneous as a matter of law...

After a thorough review of the record, the AAO finds that the director's denial is deficient as it is based upon unsupported conclusions of law and fact.  As the decision is void of an accurate, factual analysis of the evidence of record, there is no indication that the director considered all of the relevant documentation submitted in support of the initial petition.  Nor did the director make an effort to obtain additional evidence or information upon which to draw a proper conclusion. Accordingly, the case will be remanded for a new decision. The director may issue a notice requesting any additional evidence he deems necessary in order to determine the petitioner's eligibility for the benefit sought.

ORDER: The decision of the director dated October 28, 2008 is withdrawn. The matter is remanded for fUliher action and consideration consistent with the above discussion and entry of a new decision, which, if adverse, shall be certified to the AAO for review." - LIN 09 003 51970, June 13, 2013.  [Hats off to Mark S. Davidson!]

[Correct result...but why did it take 5 years?]

Comments

Anonymous
Anonymous
  • 07-06-2013

Obviously, someone was either very lazy or very incompetent in handling this case at the USCIS level!  Glad that the AAO indirectly acknowledged such a fact in its strong language.  Congrats to Mr. Davidson and his client!