EB-3 Remanded — Nursing (2020): the Director's revocation, based on the speculative premise

Decision Summary

The Director's revocation, based on the speculative premise that the petitioner might pay less than the prevailing wage, was withdrawn because the beneficiary had never actually been employed by the petitioner. The case was remanded for a different reason: to allow for further consideration of the petitioner's ability to pay the proffered wage, as the record lacked evidence on this matter.

Criteria Discussed

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