Law Offices of Chris M. Ingram

    EB1 Law Review AAO January 07th 2011 Decision – Failure to Request Additional Evidence

    EB1 Law Review by Law Office of Chris M. Ingram 

    Failure to Request Additional Evidence 

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    January 7th 2011 – Failure to Request Additional Evidence (p2)

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    Source Case

    Failure to Request Additioal Evidence – (AAO Decision January 7th 2011 p2 )

    Context

    In this case, the Petitioner, a university, was denied its application for the beneficiary, a biology researcher. The Petitioner contended that the Service erred by failing to request additional evidence prior to issuing a denial of the case.

    Legal Authority

    8 CFR §103.2(b)(8)(ii) provides:

    If all required evidence is not submitted with the application or petition or does not demonstrate eligibility, USCIS in its discretion may deny the application or petition for lack of initial evidence or for ineligibility or request that the missing initial evidence be submitted within a specified period of time as determined by USCIS.

    The director is not required to issue a request for further information in every potentially deniable case.

    Conclusion

    If the director determines that the record lacks initial evidence or does not demonstrate eligibility, the cited regulation does not require solicitation of further documentation.

    Cited cases:

     

    AAO cited no case law, only a plain language interpretation of the regulation.

     

     

     

     

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