remanded
EB-3
remanded EB-3 Case: Healthcare
Decision Summary
The director denied the petition, questioning whether the petitioner was the true employer and if a full-time position was genuinely available, citing a lack of employment records for previously approved beneficiaries. The petitioner responded that it had outsourced its payroll and HR functions to a third-party company, which explained the discrepancy. The case was remanded for the director to consider the new evidence regarding the petitioner's business structure and the validity of the job offer.
Criteria Discussed
Ability To Pay Proffered Wage Bona Fide Job Offer Employer-Employee Relationship
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