remanded EB-1A

remanded EB-1A Case: Physical Education

📅 Date unknown 👤 Organization 📂 Physical Education

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Decision Summary

The petition was remanded because the petitioner erroneously selected the EB-1A extraordinary ability category on the form, while all supporting documents were consistent with an EB-3 skilled worker petition. The AAO found that the director should have issued a Request for Evidence (RFE) to clarify this discrepancy instead of denying the case. The matter was sent back for consideration under the correct EB-3 classification.

Criteria Discussed

Extraordinary Ability Classification (Eb-1A) Skilled Worker Classification (Eb-3) Procedural Requirement For Request For Evidence (Rfe)

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