remanded EB-3 Case: Restaurant Operations
Decision Summary
The appeal was remanded because the AAO disagreed with the Director's basis for revocation. The Director incorrectly concluded that a pre-existing personal relationship meant the job opportunity was not bona fide, but the AAO found the evidence did not support the concealment of a 'familial relationship' as defined on the labor certification. However, the matter was remanded for a new decision because the AAO found a new potential issue: the record did not sufficiently demonstrate that the Beneficiary met the required work experience for the position by the priority date.
Criteria Discussed
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