EB-3 Remanded — Crawfish Production (2020): the Director denied the petition, finding that the

Decision Summary

The Director denied the petition, finding that the beneficiary did not meet the drug screening requirement listed on the labor certification prior to the priority date. The AAO found the language 'random drug screening upon hire' ambiguous and determined it did not necessarily constitute a pre-employment requirement. The case was remanded for the Director to review the petitioner's recruitment documents to clarify the requirement and to request missing evidence of the petitioner's ability to pay the proffered wage.

Criteria Discussed

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