EB-3 Remanded — Information Technology (2022): the Director's denial based on an inability to pay was

Decision Summary

The Director's denial based on an inability to pay was withdrawn, as the AAO found the petitioner did establish its ability to pay for 2019. However, the case was remanded for the Director to request further evidence regarding the continuing ability to pay for subsequent years and to resolve significant inconsistencies regarding the beneficiary's actual worksite, which calls into question the validity of the labor certification and the bona fides of the job offer.

Criteria Discussed

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