EB-3 Remanded — Hvac Maintenance (2006): the director denied the petition because the petitioner

Decision Summary

The director denied the petition because the petitioner failed to provide required financial evidence demonstrating its ability to pay the proffered wage, failing to respond to a Request for Evidence and a Notice of Intent to Deny (NOID). The petitioner appealed, claiming it never received the NOID. Due to this claim and apparent procedural irregularities, including a second RFE being issued after the appeal was filed, the case was remanded for further action.

Criteria Discussed

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