remanded
EB-3
remanded EB-3 Case: Skilled Worker
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
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Draft your EB-3 petition with AAO precedents
MeritDraft helps organize your evidence into a compliant petition draft grounded in USCIS criteria and attorney-style reasoning.
Sign Up Free →No credit card required. Generate your first petition draft in minutes.