EB-3 Remanded — Hospitality (2022): the Director's original reason for denial, which concerned

Decision Summary

The appeal was remanded because the Director's original reason for denial, which concerned a misrepresentation of job requirements, did not explain the legal authorization for that determination. The AAO identified a new deficiency, noting the petitioner had not established its ability to pay the proffered wage from the petition's priority date, especially considering other petitions it had filed. The case was sent back to allow the petitioner to submit further financial evidence and for the Director to issue a new decision.

Criteria Discussed

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