EB-3 Remanded — Food Service (2021): the Director erred in denying the petitioner's motion to

Decision Summary

The appeal was remanded because the Director erred in denying the petitioner's motion to reconsider and incorrectly concluded that the petitioner lacked the intent to employ the beneficiary full-time. While the AAO found the petitioner did establish intent to employ, the record was deficient regarding the ability to pay the proffered wage for all required years and for other pending petitions. The case was remanded to allow the petitioner an opportunity to submit the necessary financial evidence.

Criteria Discussed

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