EB-3 Remanded — Retail (2021): the AAO disagreed with the Director's reasons for denial,

Decision Summary

The appeal was remanded because the AAO disagreed with the Director's reasons for denial, which were based on the job opportunity and job offer not being bona fide. The AAO found the evidence did not support the Director's conclusions on these points. However, the case was sent back for a new decision because the record did not yet establish the petitioner's ability to pay the proffered wage, an issue the Director had not previously addressed.

Criteria Discussed

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