Remanded
EB-3
EB-3 Remanded — Nail Technician (2021): the Director's decision to revoke the petition was
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The Director's decision to revoke the petition was withdrawn and the case was remanded.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 determine whether the Beneficiary had legal standing to participate in the revocation proceedings as an 'affected party,' despite the Beneficiary having filed multiple requests to port the petition to a new employer. The case was sent back for the Director to first address the Beneficiary's standing.
Criteria Discussed
Job Experience Requirement Beneficiary Standing In Revocation Proceedings Portability Under Ina Section 204(J) Affected Party Status Willful Misrepresentation
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