EB-3 Remanded — Nursing (2019): 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The Director's decision to revoke the petition was withdrawn and the case was remanded due to procedural errors. The AAO found that the Notice of Intent to Revoke (NOIR) was improperly issued because it failed to articulate good cause under the correct Schedule A regulations and incorrectly sought to invalidate a labor certification that was not certified by the Department of Labor. The final revocation decision was also deemed deficient for not sufficiently explaining the reasons for revocation or properly establishing a finding of willful material misrepresentation.

Criteria Discussed

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