Remanded
EB-3
EB-3 Remanded — Marketing (2019): 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 legally deficient. The NOIR failed to provide specific facts and supporting evidence for its allegations, such as the beneficiary's lack of qualifications or the petitioner's actual number of employees. The AAO also noted that a petitioner is not required to employ a beneficiary during the petition's pendency, making that part of the NOIR's reasoning invalid.
Criteria Discussed
Sufficiency Of Notice Of Intent To Revoke (Noir) Good And Sufficient Cause For Revocation Employment Status During Petition Pendency Beneficiary'S Qualifications Number Of Employees
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