Dismissed
EB-3
EB-3 Dismissed — Thoroughbred Racing (2021): the Beneficiary, who filed the appeal, was not an 'affected
Decision Summary
The appeal was rejected because the Beneficiary, who filed the appeal, was not an 'affected party' and therefore lacked legal standing. A beneficiary typically gains standing in revocation proceedings only after properly requesting to 'port' the petition to a new job, which had not occurred in this case. The decision was made on this procedural ground without addressing the merits of the Director's revocation.
Criteria Discussed
Standing To Appeal / Affected Party Portability Under Ina Section 204(J) Willful Misrepresentation Beneficiary'S Qualifying Experience Bona Fide Job Opportunity
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