remanded EB-2 NIW Case: Law
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Decision Summary
The appeal was remanded because the Director failed to properly adjudicate the petitioner's combined motion to reopen and reconsider. While the Director correctly dismissed the motion to reopen for lack of new facts, the decision did not address the motion to reconsider or the legal arguments presented by the petitioner. The AAO withdrew the Director's decision and sent the case back for a new decision that properly addresses all parts of the petitioner's motion.
Criteria Discussed
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