remanded H-1B Case: Behavior Analysis
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Decision Summary
The Director's decision to dismiss the motion to reopen and reconsider was withdrawn because it failed to address the evidence and claims with specificity and did not provide a proper explanation. This procedural error deprived the petitioner of a fair opportunity to appeal and inhibited a meaningful review. The matter was remanded for the Director to properly review all evidence and issue a new decision on the petitioner's H-1B cap exemption eligibility.
Criteria Discussed
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