remanded
EB-2 NIW
remanded EB-2 NIW Case: Unknown
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Decision Summary
The appeal was rejected as untimely because it was received on the 34th day after the director's decision, exceeding the 33-day filing deadline. Per regulations, an untimely appeal that meets the requirements of a motion can be treated as such. Therefore, the AAO returned the case to the director for consideration as a motion to reopen and reconsider.
Criteria Discussed
Timeliness Of Appeal
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