Remanded
EB-3
EB-3 Remanded — Culinary (2022): the Director denied the petition, concluding that the
Decision Summary
The Director denied the petition, concluding that the petitioner, a Korean restaurant, did not establish a bona fide job offer for an assistant cook. The Director cited concerns about hidden job requirements, the petitioner's business need, and the beneficiary's intent. The AAO withdrew the Director's decision and remanded the case for a new decision consistent with its analysis, suggesting the Director's conclusions were not fully supported by the record.
Criteria Discussed
Bona Fide Job Opportunity Job Open To U.S. Workers Petitioner'S Business Need Beneficiary'S Intent To Accept The Position Unstated Job Requirements
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