EB-3 Remanded — Home Health Care (2023): the Director denied the petition for failure to demonstrate

Decision Summary

The Director denied the petition for failure to demonstrate a continuing ability to pay the proffered wage and that it was still doing business. The AAO found the Director applied the incorrect legal standard, as the Beneficiary had requested job portability after their adjustment of status application was pending for over 180 days. The case was remanded for the Director to re-evaluate the petition under the proper job portability regulations, which limit the required period for demonstrating ability to pay.

Criteria Discussed

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