EB-3 Remanded — Electroplating (2022): the Director's Notice of Intent to Revoke (NOIR) was

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

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