EB-1C Remanded — Auto Sales (2023): the Director's decision was withdrawn and the case was

Decision Summary

The Director's decision was withdrawn and the case was remanded because of a procedural error. The Director relied on derogatory information from an overseas verification to find willful misrepresentation but failed to provide the petitioner with adequate notice and an opportunity to rebut it, as required by regulations. The remand directs the Director to issue a new notice of intent to deny (NOID) that includes the derogatory information before making a new decision.

Criteria Discussed

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