remanded EB-1A Case: Design
Decision Summary
The appeal was remanded because the director denied the petition without first issuing a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID). The AAO agreed that the initial evidence was insufficient, but determined that procedural regulations and CIS policy required giving the petitioner an opportunity to provide additional evidence before a final denial. The case was sent back to the director to issue an RFE or NOID and then render a new decision.
Criteria Discussed
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