remanded
EB-3
remanded EB-3 Case: Food Service
Avoid this EB-3 denial in your own petition.
No credit card. Generate your first draft in minutes.
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
Bona Fides Of The Job Opportunity Ability To Pay Proffered Wage
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Draft your EB-3 petition with AAO-aware structure
MeritDraft helps organize your evidence into a compliant petition draft grounded in USCIS criteria and attorney-style reasoning.
Sign Up Free →No credit card required. Generate your first petition draft in minutes.