EB-2 Remanded — Unknown (2008): the appeal was rejected as untimely because it was received

Decision Summary

The appeal was rejected as untimely because it was received 36 days after the decision was issued, exceeding the 33-day filing deadline. However, the matter was remanded to the director to be treated as a motion to reconsider, as the appeal met the requirements for such a motion by making arguments about the evidence of record.

Criteria Discussed

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