EB-3 Remanded — Factory Work (2022): the Director erred in calculating the petitioner's ability

Decision Summary

The appeal was remanded because the Director erred in calculating the petitioner's ability to pay the proffered wages. The Director used an assumed average pay rate for multiple other petitions instead of the actual proffered wages for each. The case was sent back to the Director for a new decision based on a correct calculation of the petitioner's total wage obligations.

Criteria Discussed

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