EB-3 Remanded — Information Technology (2022): the Director erred in the initial denial

Decision Summary

The appeal was remanded because the Director erred in the initial denial. The Director used the wrong proffered wage figure ($120,500 instead of $105,000 for the relevant period) and miscalculated the wages actually paid to the beneficiary by using net income instead of gross pay from the W-2 forms. The AAO instructed the Director to re-evaluate the petitioner's ability to pay for the one remaining year with a wage shortfall, considering the totality of the circumstances.

Criteria Discussed

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