Dismissed EB-3

EB-3 Dismissed โ€” Retail (2019): the beneficiary's motions to reopen and reconsider were

๐Ÿ“… 2019-02-08 ๐Ÿ‘ค Company ๐Ÿ“‚ Retail

Decision Summary

The beneficiary's motions to reopen and reconsider were denied because she lacked legal standing. A beneficiary is only considered an 'affected party' with standing in revocation proceedings if they have properly requested to 'port' to a new job before a notice of intent to revoke is issued. In this case, the beneficiary's request to port was made after the revocation and appeal, and was therefore not considered a proper and timely request.

Criteria Discussed

Beneficiary Standing Motion To Reopen Motion To Reconsider Job Portability (Ac21)
๐Ÿ“„ Original decision (USCIS PDF)

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