EB-3 Remanded — Culinary Arts (2022): the AAO found that the Director erred in determining the

Decision Summary

The appeal was remanded because the AAO found that the Director erred in determining the position did not qualify as a skilled worker. However, the AAO identified new deficiencies in the record, specifically regarding the beneficiary's proof of qualifying experience and the petitioner's ability to pay the proffered wage. The case was sent back to the Director to request further evidence on these issues and issue a new decision.

Criteria Discussed

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