remanded
EB-3
remanded EB-3 Case: Retail Management
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Decision Summary
The appeal was remanded due to a procedural error by the Director. After a prior remand, the Director issued a Notice of Intent to Deny (NOID) and then denied a petition that had already been approved. The AAO found this improper, stating that an approved petition cannot be denied but must be revoked through the correct regulatory process, which includes issuing a Notice of Intent to Revoke (NOIR).
Criteria Discussed
Labor Certification Validity Willful Misrepresentation Ability To Pay Proffered Wage Beneficiary'S Qualifying Experience Bona Fide Job Offer Procedural Requirements For Revocation
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