remanded
EB-1C
remanded EB-1C Case: Consulting Services
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Decision Summary
The AAO found that the petitioner withdrew the petition before the Director's decision, and the Director erred by not accepting the withdrawal. As the petition was deemed withdrawn, the AAO had no jurisdiction over the merits but remanded the matter for the Director to treat the appeal as a motion to reconsider the separate findings of willful misrepresentation.
Criteria Discussed
Qualifying Relationship With Foreign Employer Employment Abroad In A Managerial Or Executive Capacity Proposed U.S. Employment In A Managerial Or Executive Capacity Foreign Organization Doing Business Ability To Pay Proffered Wage Fraud And Willful Misrepresentation
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