L-1A Remanded — Automotive (2019): the Director applied an incorrect legal standard to the

Decision Summary

The appeal was remanded because the Director applied an incorrect legal standard to the petitioner's motion to reopen. The Director wrongly required new evidence to have been previously unavailable, a standard from Board of Immigration Appeals precedent that does not apply to USCIS motions. Since the petitioner submitted new, relevant facts, the matter was sent back for a new decision considering this evidence.

Criteria Discussed

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