EB-2 Remanded — Computer Science (2013): the director denied the petition based on the marriage bar

Decision Summary

The director denied the petition based on the marriage bar under INA § 204(c), finding the beneficiary had previously entered into a fraudulent marriage to evade immigration laws. The AAO determined there was not substantial and probative evidence to support this finding, withdrew the director's decision, and remanded the case for adjudication on its underlying merits, namely whether the beneficiary qualifies as an advanced degree professional for the offered position.

Criteria Discussed

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