EB-3 Remanded — Restaurant (2021): the Director revoked the petition on the incorrect basis

Decision Summary

The Director revoked the petition on the incorrect basis that the petitioner failed to explain the unavailability of primary financial evidence. The AAO found this reasoning flawed but discovered the petitioner did not actually meet the 100-employee threshold required to submit a financial officer's letter in lieu of tax returns. The matter was remanded for a new decision based on a proper analysis of the petitioner's ability to pay using standard evidence.

Criteria Discussed

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