EB-3 Remanded — Computer Data (2022): the Director revoked the petition, finding the job offer

Decision Summary

The Director revoked the petition, finding the job offer was not bona fide because the petitioner offered the job to the beneficiary before advertising to U.S. workers. The AAO disagreed, explaining that identifying a foreign worker before starting the required recruitment is standard practice in the labor certification process. The case was remanded for the Director to address other unexamined issues, specifically whether the beneficiary meets the labor certification's requirements.

Criteria Discussed

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