Remanded
EB-3
EB-3 Remanded โ Printing (2022): the Director denied the petition, finding that a
Decision Summary
The Director denied the petition, finding that a pre-existing friendship between the spouses of the Beneficiary and the Petitioner's co-owner meant the job offer was not bona fide and was misrepresented on the labor certification. The AAO determined that this friendship was outside the scope of the disclosure question on the labor certification form, which specifically asks about familial relationships, not friendships. Consequently, the AAO withdrew the Director's decision and remanded the case for further adjudication.
Criteria Discussed
Bona Fide Job Offer Labor Certification Validity Willful Misrepresentation Disclosure Of Relationships
๐ Original decision (USCIS PDF)
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