remanded EB-3 Case: Physical Therapy
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Decision Summary
The appeal was remanded because the Director's revocation was based on legally flawed reasoning. The AAO found there is no legal authority that prevents an employer from offering a position to a noncitizen before posting the required notice for its U.S. workers. The AAO also concluded that a single, past social meeting between the Beneficiary and the Petitioner's owner was insufficient to establish a 'close personal relationship' that would render the job opportunity not bona fide.
Criteria Discussed
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