remanded
EB-3
remanded EB-3 Case: Business Solutions
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Decision Summary
The appeal was remanded because the Director revoked the petition based on alleged marriage fraud but failed to apply the correct legal standard of "substantial and probative evidence" as clarified in the precedent decision Matter of P. Singh. The AAO instructed the Director to re-evaluate the evidence under this proper standard and also to address the petitioner's ability to pay the proffered wage, an issue not previously considered.
Criteria Discussed
Marriage Fraud Bar (Section 204(C)) Ability To Pay Proffered Wage
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