remanded
EB-3
remanded EB-3 Case: Information Technology
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Decision Summary
The Director's decision to revoke the petition was withdrawn and the case was remanded. The AAO found that the Director failed to first determine whether the Beneficiary was an 'affected party' with legal standing to participate in the revocation proceedings, which depends on whether the Beneficiary had properly ported the petition to a new employer under section 204(j) of the Act.
Criteria Discussed
Revocation For Good And Sufficient Cause Beneficiary As An Affected Party Portability Under Section 204(J) Of The Act Bona Fide Job Offer
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