EB-3 Remanded — Masonry (2018): the Director incorrectly denied the petition by refusing to

Decision Summary

The Director incorrectly denied the petition by refusing to consider the petitioner's individual tax return (Form 1040, Schedule C), which was the proper evidence for a single-member LLC. However, because the petitioner submitted two conflicting versions of its 2017 tax return with different net income figures, the case was remanded to resolve this inconsistency and determine if the ability to pay was actually met.

Criteria Discussed

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