EB-3 Remanded — Culinary (2020): the Director's Notice of Intent to Revoke (NOIR) was found

Decision Summary

The appeal was remanded because the Director's Notice of Intent to Revoke (NOIR) was found to be procedurally deficient. The AAO determined that the NOIR did not sufficiently detail the adverse evidence or its source, particularly where the Beneficiary allegedly stated she was 'never employed', thus failing to give the Petitioner a proper opportunity to rebut the findings. The case was returned to the Director to issue a new, more specific NOIR.

Criteria Discussed

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