EB-3 Remanded — Accounting (2023): the petitioner submitted new material evidence on appeal

Decision Summary

The appeal was remanded because the petitioner submitted new material evidence on appeal regarding its ability to pay the proffered wage, which the Director had not reviewed. The AAO also noted that the Director had failed to fully evaluate evidence submitted in response to the NOIR concerning whether a bona fide position was available.

Criteria Discussed

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