EB-3 Remanded — Agriculture (2021): the Director's decision was withdrawn because the AAO found

Decision Summary

The Director's decision was withdrawn because the AAO found the Director erred in determining the labor certification was improperly sold and in finding willful misrepresentation. However, the case was remanded because the record lacked sufficient evidence to establish the petitioner's continuing ability to pay the proffered wage, particularly since the petitioner had filed hundreds of other petitions. The Director was instructed to request further evidence on the ability to pay.

Criteria Discussed

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