EB-3 Remanded — Agriculture (2023): the AAO concluded that the Director's Request for Evidence

Decision Summary

The appeal was remanded because the AAO concluded that the Director's Request for Evidence (RFE) did not sufficiently notify the petitioner of the required proof and the need to explain evidentiary discrepancies. The AAO found that before denying the petition, the Director should have issued another, more specific RFE or a Notice of Intent to Deny (NOID) to give the petitioner a fair opportunity to address the inconsistencies.

Criteria Discussed

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