Remanded
EB-3
EB-3 Remanded — Culinary (2018): the decision was remanded on procedural grounds, not the
Decision Summary
The decision was remanded on procedural grounds, not the merits of the case. The Director dismissed the Beneficiary's motion to reconsider the revocation, stating she was not an 'affected party' with legal standing. The AAO found the Director failed to first determine if the Beneficiary was eligible for 'portability' under AC21, which would grant her standing, and remanded the case for this determination to be made.
Criteria Discussed
Bona Fide Job Opportunity Valid Labor Certification Fraud Or Willful Misrepresentation Affected Party Status Portability (Ac21)
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