EB-3 Remanded — Baseball (2018): the Director's decision was withdrawn because the denial,

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The Director's decision was withdrawn because the denial, based on the petitioner using the wrong labor certification form (ETA 750), was incorrect; professional athletes have special procedures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

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