EB-3 Remanded — Food Service (2021): the Director denied the petition, concluding the petitioner

Decision Summary

The Director denied the petition, concluding the petitioner submitted an incomplete list of its other I-140 petitions and therefore failed to demonstrate its ability to pay the combined proffered wages. The AAO found that the Director erred, mistaking priority dates for filing dates, and that the petitioner's list was substantially complete. The case was remanded for a new decision and to request additional financial evidence for the correct time period.

Criteria Discussed

Sign up free to download the original PDF