remanded EB-1A Case: Jazz Musician
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Decision Summary
The director's decision was withdrawn and the petition was remanded because the director failed to provide the petitioner the mandatory 12-week period to respond to a Request for Evidence (RFE), in violation of 8 C.F.R. § 103.2(b)(8). While the AAO concurred with the director that the initial evidence was insufficient, the procedural error necessitated that the case be sent back for the petitioner to be given the proper opportunity to submit additional evidence.
Criteria Discussed
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