EB-3 Remanded — Food Service (2021): while the AAO disagreed with the Director's original reason

Decision Summary

The appeal was remanded because while the AAO disagreed with the Director's original reason for denial regarding the full-time nature of the job, it discovered a new, more significant issue. The petitioner's corporate franchise tax status had ended, which called into question its very existence and its continuing intent and ability to employ the beneficiary. The case was sent back to the Director to investigate the petitioner's current status and ability to pay.

Criteria Discussed

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