EB-3 Remanded — Healthcare: the appeal was remanded for further consideration by the

Decision Summary

The appeal was remanded for further consideration by the service center director. The director had denied the petition based on findings that the petitioner, a nursing hospital, failed to establish it was the true employer and had a full-time position available for the beneficiary, particularly given the large number of similar petitions filed. The remand requires the director to re-evaluate the case, likely to consider additional evidence or arguments presented on appeal regarding the petitioner's ability to pay and the genuineness of the job offer.

Criteria Discussed

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