EB-3 Remanded — Administration (2023): the AAO determined that while the petitioner's appeal was

Decision Summary

The AAO determined that while the petitioner's appeal was untimely, the Director failed to properly consider it as a motion to reopen or reconsider. The Director did not address the new facts and documentary evidence submitted by the petitioner concerning its ability to pay the proffered wage. The matter was remanded for the Director to properly analyze whether the untimely appeal meets the requirements of a motion to reopen or reconsider.

Criteria Discussed

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