remanded
EB-1C
remanded EB-1C Case: Business Consulting
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Decision Summary
The AAO found that the petitioner had withdrawn the petition before the Director issued a decision, and the Director erred by not accepting this withdrawal. As the petition was deemed withdrawn, the AAO lacked jurisdiction over the merits of the case. The matter was remanded for the Director to treat the appeal as a motion to reopen or reconsider the separate finding of willful misrepresentation.
Criteria Discussed
Fraud/Willful Misrepresentation Qualifying Relationship Managerial Or Executive Capacity (Foreign Employment) Managerial Or Executive Capacity (Proposed U.S. Employment) Doing Business Abroad Ability To Pay Withdrawal Of Petition
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