remanded
EB-1C
remanded EB-1C Case: Retail
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Decision Summary
The appeal was remanded because the Director's Notice of Intent to Revoke (NOIR) was procedurally deficient. The NOIR failed to provide the petitioner with sufficient notice of derogatory information obtained outside the record and did not adequately address all grounds for the revocation, thus denying the petitioner a fair opportunity to respond. The case was sent back for the issuance of a new, more detailed NOIR and a new decision.
Criteria Discussed
Qualifying Relationship Foreign Employer Doing Business Abroad Managerial Or Executive Capacity (Abroad) Managerial Or Executive Capacity (U.S.) Fraud Or Willful Misrepresentation
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