Remanded
EB-3
EB-3 Remanded — Data Analysis (2022): the Director denied the petition, stating that the work
Decision Summary
The Director denied the petition, stating that the work experience the beneficiary gained with the petitioning employer could not be used to satisfy the experience requirement on the labor certification. The AAO remanded the case because the petitioner asserted they qualified for an exception due to the infeasibility of training a new worker, but the record lacked documentation from the Department of Labor to support this claim.
Criteria Discussed
Labor Certification Requirements Minimum Experience Requirement Experience Gained With Petitioning Employer
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