EB-3 Remanded — Management Consulting (2019): the AAO found that the Director incorrectly denied the

Decision Summary

The AAO found that the Director incorrectly denied the petition based on an alleged conflict regarding experience gained with the same employer. The AAO determined the petitioner successfully demonstrated that the beneficiary's prior position was not 'substantially comparable' to the proffered one, allowing that experience to be counted. However, the case was remanded because the record was not clear on whether the beneficiary met the specific skill requirements of the labor certification, and the Director was instructed to give the petitioner an opportunity to provide this evidence.

Criteria Discussed

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