EB-3 Remanded — Physical Therapy (2021): the Director's revocation was based on legally flawed

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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