EB-3 Remanded — Retail (2017): the Director denied the petition, concluding that the

Decision Summary

The Director denied the petition, concluding that the accompanying labor certification was invalid because it was untimely filed. The AAO found that the petitioner did submit the petition, the original labor certification, and the correct filing fee within the 180-day validity period, and that USCIS had erroneously rejected the submission. The case was remanded for further consideration of the petitioner's ability to pay and the beneficiary's qualifications.

Criteria Discussed

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