remanded
EB-3
remanded EB-3 Case: Food Service
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Decision Summary
The AAO withdrew the Director's denial, finding the reasons related to the job offer's bona fides and posting notice requirements were improper. The case was remanded because the record showed the petitioner merged and ceased to exist after filing, which calls the labor certification's validity into question. The remand gives the petitioner an opportunity to establish a successor-in-interest relationship.
Criteria Discussed
Bona Fide Job Offer Labor Certification Posting Notice Requirements Validity Of Labor Certification Successor In Interest Ability To Pay Proffered Wage
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