EB-3 Remanded — Culinary Arts (2020): the Director initially denied the petition based on a

Decision Summary

The appeal was remanded because the Director initially denied the petition based on a marriage fraud bar without the benefit of a recent, controlling BIA precedent decision (Matter of P. Singh) which clarified the standard of proof. The case was sent back for the Director to re-evaluate the marriage fraud issue under this new standard and to also clarify the beneficiary's eligibility regarding the two-year training requirement for a skilled worker.

Criteria Discussed

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