remanded
EB-3
remanded EB-3 Case: Engineering
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Decision Summary
The Director's decision was withdrawn because the denial, based on the petitioner identifying the beneficiary before recruitment, reflected a misunderstanding of the labor certification process. However, the case was remanded because the record lacked sufficient evidence of the petitioner's continuing ability to pay the proffered wage from the priority date, requiring further review by the Director.
Criteria Discussed
Bona Fide Job Opportunity Ability To Pay Proffered Wage Intent To Employ
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