remanded
EB-1C
remanded EB-1C Case: Exporting
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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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