EB-3 Dismissed — Child Monitor/Housekeeper (2001): the director revoked the petition, originally approved in

Decision Summary

The director revoked the petition, originally approved in error, after determining the petitioner failed to establish a continuing ability to pay the proffered wage from the priority date. On appeal, counsel's argument that the beneficiary changed jobs under AC21 portability provisions was found unpersuasive because the original petition must have been valid and approvable for such provisions to apply. The realization of the error in the initial approval was deemed good and sufficient cause for revocation, thus the appeal was dismissed.

Criteria Discussed

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