EB-3 Remanded — Healthcare: the director denied the petition, questioning whether the

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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