EB-1C Remanded — Import/Export (2018): the Director's decision to deny a motion to reopen was

Decision Summary

The Director's decision to deny a motion to reopen was withdrawn because the Director incorrectly applied the standard for what constitutes a 'new' fact. The AAO clarified that its regulations do not require evidence of a 'new fact' to have been previously unavailable, merely that it is relevant and not previously submitted. Because the Petitioner submitted new evidence that directly addressed a stated ground for denial, the matter was remanded for the Director to consider the merits of that evidence.

Criteria Discussed

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