remanded
EB-3
remanded EB-3 Case: Nursing
Decision Summary
The Director denied the petition, finding that the petitioner was not the beneficiary's true employer because it used a third-party staffing agency for payroll and employee management. The Director also questioned whether a genuine full-time position was available. The AAO remanded the case for further proceedings after the petitioner argued it was the bona fide employer and had since terminated its contract with the staffing agency.
Criteria Discussed
Ability To Pay Wage Beneficiary Qualifications Bona Fide Job Offer True Employer Relationship Fraud/Misrepresentation
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