EB-3 Remanded — E-Commerce (2017): the Director denied the petition, concluding the labor

Decision Summary

The Director denied the petition, concluding the labor certification was invalid because it was previously used for the beneficiary's adjustment of status. The AAO found that the beneficiary had validly withdrawn the adjustment of status application before USCIS approved it, which meant the labor certification was not invalidated by that prior use. The case was remanded for adjudication on its remaining merits.

Criteria Discussed

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