Remanded
EB-3
EB-3 Remanded — Bookkeeping (2022): the Director committed a procedural error
Decision Summary
The appeal was remanded because the Director committed a procedural error. The revocation was based on adverse information—specifically, the unlikelihood of the beneficiary's commute—that was not included in the Notice of Intent to Revoke (NOIR), which denied the petitioner due process and the opportunity to respond. The AAO determined that a petition cannot be revoked on grounds not specified in the notice.
Criteria Discussed
Beneficiary'S Required Experience Material Misrepresentation Bona Fide Job Offer Procedural Due Process For Revocation
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