remanded EB-2 NIW Case: Church Construction
Decision Summary
The appeal was rejected because it was improperly filed. The entity that filed the appeal, a church, was not the petitioner and lacked legal standing. The actual petitioner was the alien beneficiary himself, who had self-petitioned but was never properly served with the denial notice. The case was therefore returned to the director to reissue the decision to the correct petitioner, allowing him the opportunity to file a proper appeal.
Criteria Discussed
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