remanded
O-1A
remanded O-1A Case: Management Consulting
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Decision Summary
The director's decision was withdrawn and the petition was remanded because the director failed to issue a Request for Evidence (RFE) as required by regulation. The petition was missing required initial evidence, specifically a written advisory opinion, and since there was no clear evidence of ineligibility, an RFE should have been sent to request the missing evidence before a final decision was made.
Criteria Discussed
Written Advisory Opinion Request For Evidence (Rfe) Procedural Requirement
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