EB-3 Remanded — Culinary (2015): the AAO reopened the case on its own motion and remanded it

Decision Summary

The AAO reopened the case on its own motion and remanded it to the Director. The decision was remanded because the original Notice of Intent to Revoke (NOIR) failed to address deficiencies in the petitioner's evidence of its ability to pay the proffered wage, denying the petitioner an opportunity to respond. The remand allows the petitioner to address both the ability-to-pay issue and the previously raised concerns about the beneficiary's qualifying work experience.

Criteria Discussed

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