EB-3 Remanded — Culinary (2021): the AAO found that the Director likely erred in concluding

Decision Summary

The AAO found that the Director likely erred in concluding the Beneficiary had willfully misrepresented her prior employment, as the visa application form in question probably only requested work history from the previous five years. However, the AAO identified other unresolved inconsistencies in the record regarding the proof of employment, such as conflicting employer letters and incomplete pay receipts. The case was remanded to give the Petitioner an opportunity to address these new evidentiary issues.

Criteria Discussed

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