EB-3 Remanded — Food Service (2023): the Director improperly revoked the petition based on the

Decision Summary

The appeal was remanded because the Director improperly revoked the petition based on the job opportunity's bona fides, a determination that falls under the Department of Labor's authority, not USCIS. However, the AAO found the record lacked sufficient evidence of the petitioner's ability to pay the proffered wage and sent the case back for the Director to issue a new notice addressing this deficiency.

Criteria Discussed

Sign up free to download the original PDF