remanded
EB-2 NIW
remanded EB-2 NIW Case: Economics
Avoid this EB-2 NIW denial in your own petition.
No credit card. Generate your first draft in minutes.
Decision Summary
The Director dismissed a motion to reopen/reconsider on purely procedural grounds, because the petitioner failed to include a statement about whether the case was subject to judicial proceedings. The AAO noted that the petitioner supplied this statement on appeal, curing the defect. Therefore, the AAO withdrew the Director's decision and remanded the case for a new decision on the merits of the motion.
Criteria Discussed
Motion To Reopen Motion To Reconsider Procedural Requirement For Judicial Proceeding Statement (8 C.F.R. § 103.5(A)(L)(Iii)(C))
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Draft your EB-2 NIW petition with AAO-aware structure
MeritDraft helps organize your evidence into a compliant petition draft grounded in USCIS criteria and attorney-style reasoning.
Sign Up Free →No credit card required. Generate your first petition draft in minutes.