Dismissed
EB-3
EB-3 Dismissed โ Retail (2019): the beneficiary's motions to reopen and reconsider were
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)
๐ Original decision (USCIS PDF)
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