EB-1C Remanded — It Consulting (2014): the director's decision was based on derogatory information

Decision Summary

The appeal was remanded because the director's decision was based on derogatory information that the petitioner was not made aware of prior to the denial. This violated regulatory procedure, which requires that the petitioner be given an opportunity to rebut such information before a final decision is made. The AAO withdrew the director's decision and sent the case back to issue a notice of intent to deny, allowing the petitioner to respond to the derogatory information.

Criteria Discussed

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