remanded
EB-3
remanded EB-3 Case: Logistics
Decision Summary
The AAO remanded the case, withdrawing the Director's decision to revoke the petition. The Director's conclusion that the beneficiary was not performing the duties of a market research analyst was deemed to have little evidentiary weight because the job offer is prospective. The AAO also withdrew the finding of fraud or willful misrepresentation, as the Director failed to identify specific instances or provide a clear basis for this conclusion.
Criteria Discussed
Bona Fide Job Offer Validity Of Labor Certification Worksite Location Consistency Of Job Duties Fraud Or Willful Misrepresentation Prospective Nature Of Employment
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