EB-3 Remanded — Business Operations (2020): the AAO found the Director erred in the ability-to-pay

Decision Summary

The appeal was remanded because the AAO found the Director erred in the ability-to-pay analysis, determining the petitioner's net income was sufficient for 2017 and 2018. However, the AAO identified a potential undisclosed familial relationship between the petitioner's owner and the beneficiary, which casts doubt on the bona fides of the job opportunity, requiring further investigation by the Director.

Criteria Discussed

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