remanded
EB-3
remanded EB-3 Case: Retail Management
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Decision Summary
The Director revoked the approved petition because the petitioner used an incorrect NAICS code for its business (a gas station with a convenience store instead of just a convenience store), deeming it a material change that invalidated the labor certification. The AAO found this misclassification was not a material change to the manager's job opportunity, as the duties were consistent for either business type, and remanded the case for further review.
Criteria Discussed
Labor Certification Validity Material Change In Job Opportunity Revocation For Cause Naics Code Classification
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