EB-2 Remanded — Software Engineering: the AAO found the director's conclusion of willful

Decision Summary

The appeal was remanded because the AAO found the director's conclusion of willful misrepresentation to be too speculative. The director based the finding on the petitioner's filing history (immigrant petitions for Iowa, nonimmigrant for Texas), but the AAO ruled this was insufficient evidence to invalidate the labor certification, as an employer can legitimately offer a future job in a different location. The case was sent back for adjudication on its merits, including the petitioner's ability to pay the proffered wage.

Criteria Discussed

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