remanded
EB-3
remanded EB-3 Case: Baseball
Decision Summary
The Director's decision was withdrawn because the denial, based on the petitioner using the wrong labor certification form (ETA 750), was incorrect; professional athletes have special procedures allowing for that form. However, the case was remanded because the AAO found a new deficiency: the record lacked evidence of the petitioner's ability to pay the proffered wage. The case was sent back to the Director to request this evidence and issue a new decision.
Criteria Discussed
Labor Certification Validity Ability To Pay Proffered Wage
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