Remanded
EB-3
EB-3 Remanded — Food And Beverage (2023): the Director's initial denial, based on an expired labor
Decision Summary
The Director's initial denial, based on an expired labor certification, was found to be in error because the expiration date fell on a Sunday, extending the filing deadline to the next business day. However, the case was remanded for further review due to new issues identified by the AAO, specifically concerning the petitioner's continued existence as a valid business after a merger and its ability to pay the proffered wage.
Criteria Discussed
Labor Certification Validity Bona Fide Job Offer Ability To Pay
📄 Original decision (USCIS PDF)
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