remanded
EB-2
remanded EB-2 Case: Business Management
Decision Summary
The director denied the petition, invalidating the labor certification because the petitioner failed to disclose the beneficiary's ownership interest in the company on the ETA Form 9089. This failure prevented the Department of Labor from investigating whether a bona fide job opportunity, open to U.S. workers, truly existed. The AAO remanded the case to the director for a proper review of the beneficiary's influence over the job opportunity based on the totality of the circumstances.
Criteria Discussed
Labor Certification Validity Bona Fide Job Offer Alien Ownership/Influence
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