Remanded
EB-1C
EB-1C Remanded — Exporting (2007): the appeal was rejected as untimely because it was filed 28
Decision Summary
The appeal was rejected as untimely because it was filed 28 days after the decision was issued, exceeding the 18-day limit. However, the AAO determined the untimely appeal met the requirements of a motion to reconsider and returned the matter to the director for a new decision, noting the director may have erred by relying on the beneficiary's salary to determine they were not a manager.
Criteria Discussed
Managerial Capacity Executive Capacity Function Manager
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