remanded EB-3 Case: Healthcare
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Decision Summary
The director denied the petition, questioning whether the petitioner was the true employer of the beneficiary and had a genuine full-time position available, especially since it outsourced payroll to a third-party company. The appeal was remanded because the central issue revolved around the nature of the employer-employee relationship, which required further review, particularly in light of the petitioner's claim that it had terminated the third-party service.
Criteria Discussed
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