EB-3 Remanded — Farming: the appeal was rejected as untimely because it was

Decision Summary

The appeal was rejected as untimely because it was initially submitted with an incorrect filing fee and the resubmission with the correct fee was outside the filing deadline. The case was nevertheless remanded to the director to be treated as a motion to reopen, as the petitioner claimed a timely response to a notice of intent to deny was not properly considered.

Criteria Discussed

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