Remanded
EB-3
EB-3 Remanded โ Healthcare (2006): the director failed to consider a sworn affidavit that
Decision Summary
The appeal was remanded because the director failed to consider a sworn affidavit that established the beneficiary met the three-month experience requirement of the labor certification. However, the AAO raised a new issue concerning the petitioner's ability to pay the proffered wage and sent the case back for the director to adjudicate that issue.
Criteria Discussed
Beneficiary'S Qualifications Ability To Pay Proffered Wage
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