remanded
EB-2
remanded EB-2 Case: Construction Management
Decision Summary
The appeal was remanded due to a procedural error. The director's RFE invited a multi-part fax response, which the petitioner submitted, but the director only reviewed one of the three parts before issuing a denial. The AAO found it would be manifestly unfair to dismiss the appeal based on a procedural issue that USCIS itself urged the petitioner to commit and remanded the case for a new decision based on the complete record.
Criteria Discussed
Labor Certification Validity Beneficiary'S Educational Qualifications Procedural Error (Rfe Response) Advanced Degree Requirements Foreign Degree Equivalency
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