EB-3 Remanded — Culinary (2023): the Director's conclusion that the job offer was not bona

Decision Summary

The Director's conclusion that the job offer was not bona fide was withdrawn, as identifying a candidate before recruitment is standard. However, the appeal was remanded because the petitioner did not resolve inconsistencies between the beneficiary's claimed work experience and a prior nonimmigrant visa application where she stated she had no previous employment. The matter was sent back for a new Request for Evidence (RFE) to allow the petitioner a meaningful opportunity to address these discrepancies.

Criteria Discussed

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