EB-2 Remanded — Physical Therapy (2013): the director's decision was withdrawn and the case was

Decision Summary

The director's decision was withdrawn and the case was remanded because the petitioner successfully demonstrated that their response to the Request for Evidence (RFE) was timely submitted. The director had denied the petition for abandonment, but evidence showed the RFE response was delivered before the deadline and was not considered prior to adjudication, requiring a new decision on the merits.

Criteria Discussed

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