EB-3 Remanded — Restaurant Business (2022): the AAO found the Director erred in denying the petition,

Decision Summary

The AAO found the Director erred in denying the petition, concluding that the job's minimum requirement of six months of experience (with a bachelor's degree as an acceptable alternative) falls within the 'unskilled (other) worker' classification. The case was remanded because the record lacked sufficient evidence to demonstrate the petitioner's ability to pay the proffered wage from the priority date onward.

Criteria Discussed

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