EB-3 Remanded — Food Manufacturing (2023): the AAO withdrew the Director's finding of willful

Decision Summary

The appeal was remanded because the AAO withdrew the Director's finding of willful misrepresentation. The AAO concluded that a financial arrangement with a visa broker did not constitute a 'familial relationship' as defined by DOL guidance, so the petitioner did not make a false representation on the labor certification. However, the case was remanded for a new decision because the record did not sufficiently establish the petitioner's ability to pay the proffered wage.

Criteria Discussed

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