EB-3 Remanded — Retail (2021): the Director's revocation was withdrawn because identifying

Decision Summary

The Director's revocation was withdrawn because identifying a beneficiary before recruitment is a normal part of the labor certification process and not evidence that a job offer isn't bona fide. However, the AAO found the record lacked required evidence of the petitioner's ability to pay the proffered wage. The case was remanded to the Director to allow the petitioner an opportunity to submit the necessary financial evidence.

Criteria Discussed

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