Remanded
EB-3
EB-3 Remanded — Accounting (2018): the Director's decision to revoke the I-140 petition was
Decision Summary
The Director's decision to revoke the I-140 petition was withdrawn and the matter was remanded. The AAO found that the Director failed to first determine if the beneficiary qualified as an 'affected party' with standing in revocation proceedings, a status which can be granted to portability-eligible beneficiaries. The case was remanded for the Director to determine if the beneficiary had properly 'ported' the petition before issuing a new decision.
Criteria Discussed
Beneficiary'S Qualifying Experience Beneficiary As An Affected Party Portability Under Section 204(J) Of The Act
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