EB-1C Remanded — Construction (2006): the director denied the petition without first issuing a

Decision Summary

The appeal was remanded because the director denied the petition without first issuing a required Request for Evidence (RFE). The AAO determined that the petitioner had failed to submit necessary initial evidence, and regulations require the director to request such missing evidence before denying the case. The matter was sent back to the service center to issue an RFE and properly adjudicate the petition.

Criteria Discussed

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