remanded
EB-3
remanded EB-3 Case: Computer Science
Decision Summary
The Director's decision to revoke the petition was withdrawn and the case was remanded. The AAO found that the Director failed to first determine whether the Beneficiary was an 'affected party' with legal standing in the revocation proceedings, a status dependent on their eligibility to 'port' the approved petition to a new job. The matter was sent back for the Director to make this determination and then issue a new decision.
Criteria Discussed
Beneficiary As Affected Party Portability Under Section 204(J) Revocation Proceedings Willful Misrepresentation
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