EB-3 Remanded — Culinary (2022): the Director's decision dismissing the motion to reconsider

Decision Summary

The Director's decision dismissing the motion to reconsider was improperly based on a procedural rule, specifically the failure to include a statement about judicial proceedings. The AAO withdrew the Director's decision and remanded the matter for a new decision that properly considers the merits of the petitioner's arguments regarding the beneficiary's work experience and the finding of fraud.

Criteria Discussed

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