remanded
EB-1C
remanded EB-1C Case: Retail
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Decision Summary
The case was remanded due to a procedural error. The Director issued a Notice of Intent to Deny (NOID) that only mentioned a potential finding of willful misrepresentation against the Beneficiary, but the final denial included a finding against the Petitioner as well. This was done without giving the Petitioner proper notice and an opportunity to rebut, violating regulations.
Criteria Discussed
Qualifying Foreign Employment Managerial Or Executive Capacity Willful Misrepresentation Of A Material Fact Procedural Notice Requirements (Noid)
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