EB-3 Remanded — Information Technology (2022): the AAO found the Director erred in concluding the job

Decision Summary

The appeal was remanded because the AAO found the Director erred in concluding the job offer was not bona fide, noting the petitioner had followed Department of Labor guidance for listing a job location with multiple unanticipated client sites. The AAO also withdrew the Director's finding of willful misrepresentation, stating the Director failed to sufficiently explain the basis for this conclusion, and remanded the case for further review.

Criteria Discussed

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