remanded
EB-3
remanded EB-3 Case: Civil Engineering
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Decision Summary
The director denied the petition, finding it was invalidated when the beneficiary changed employers under the American Competitiveness in the 21st Century Act (AC21). The AAO found this basis for denial was in error, as it predated proper CIS guidance on the issue. The case was remanded to request further information and to properly adjudicate the initial petition on its merits.
Criteria Discussed
Ability To Pay Proffered Wage Beneficiary Qualifications Ac21 Portability
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