EB-3 Remanded — Mechanical Engineering (2020): the Director's initial denial improperly analyzed the

Decision Summary

The appeal was remanded because the Director's initial denial improperly analyzed the petitioner's ability to pay the proffered wage. The Director failed to consider Schedule K of the petitioner's tax return and did not conduct an analysis of the totality of the circumstances. The case was sent back for the Director to request the petitioner's 2019 tax return and issue a new decision based on a complete record.

Criteria Discussed

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