Remanded EB-1A

EB-1A Remanded — Ballroom Dance (2014): the director initially approved the petition but later

📅 2014-02-21 👤 Individual 📂 Ballroom Dance

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Decision Summary

The director initially approved the petition but later reopened it and denied it, finding the original approval was incorrect. The AAO found that the director used the wrong procedure; instead of reopening the case, the director should have followed the procedures for revoking an approved petition, which involves issuing a notice of intent to revoke (NOID). Due to this procedural error, the AAO withdrew the director's decision and remanded the case back to the director to follow the correct legal process.

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Criteria Discussed

8 C.F.R. § 204.5(H)(3)(I) - Awards 8 C.F.R. § 204.5(H)(3)(Ii) - Memberships 8 C.F.R. § 204.5(H)(3)(Iii) - Published Material About The Alien 8 C.F.R. § 204.5(H)(3)(V) - Original Contributions 8 C.F.R. § 204.5(H)(3)(Vii) - Display Of The Alien'S Work 8 C.F.R. § 204.5(H)(3)(Viii) - Leading Or Critical Role 8 C.F.R. § 204.5(H)(3)(Ix) - High Salary
📄 Original decision (USCIS PDF)

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