remanded
EB-3
remanded EB-3 Case: Electroplating
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Decision Summary
The appeal was remanded because the Director's Notice of Intent to Revoke (NOIR) was procedurally deficient, as it lacked a specific statement of facts and supporting evidence. The Director also misinterpreted the regulation concerning payments, wrongly concluding that the Beneficiary was prohibited from paying for the Form I-140. The case was sent back for full consideration of the evidence and issuance of a new, properly-supported decision.
Criteria Discussed
Bona Fide Job Offer Improper Payments (20 C.F.R. § 656.12(B)) Ability To Pay
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