remanded
EB-3
remanded EB-3 Case: Skilled Worker
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Decision Summary
The appeal was remanded on procedural grounds. The director provided the petitioner with incorrect instructions regarding the deadline to appeal a revocation, causing the petitioner to file an untimely appeal. The AAO determined that under the regulations, the untimely appeal qualified to be treated as a motion to reconsider and remanded the case to the director for a new decision on the merits.
Criteria Discussed
Timeliness Of Appeal Appeal Treated As Motion To Reopen Or Reconsider Jurisdiction Over Motions
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