EB-3 Remanded — Retail Management (2019): the AAO withdrew the Director's finding of willful

Decision Summary

The appeal was remanded because the AAO withdrew the Director's finding of willful misrepresentation of a material fact. While the petitioner incorrectly stated on the labor certification form that no familial relationship existed with the beneficiary, it later disclosed this relationship to the Department of Labor during an audit. Because the DOL was aware of the relationship when it certified the labor application, the AAO determined the misrepresentation was not material and reinstated the labor certification, remanding the case for a decision on the beneficiary's qualifications and the petitioner's ability to pay.

Criteria Discussed

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