EB-3 Remanded — Food Processing (2001): the case was remanded for further consideration and entry

Decision Summary

The case was remanded for further consideration and entry of a new decision. The director had denied the petition, finding the petitioner had not established the beneficiary possessed the required two years of experience. The AAO is remanding the case to address the central issues of whether the beneficiary has the qualifying experience, whether the petitioning entity is a successor-in-interest to the company that filed the labor certification, and whether the petitioner has the continuing ability to pay the proffered wage.

Criteria Discussed

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