EB-3 Remanded — Food Service (2017): the Director's decision to deny the petition was withdrawn

Decision Summary

The Director's decision to deny the petition was withdrawn because the beneficiary's omission of prior employment on the labor certification was deemed immaterial, as the offered position required no experience. However, the case was remanded for further fact-finding regarding the beneficiary's use of a recruitment agency to determine if the petitioner received any prohibited payments, which could constitute a material misrepresentation and invalidate the labor certification.

Criteria Discussed

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