remanded
EB-3
remanded EB-3 Case: Retail Management
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Decision Summary
The appeal was remanded because the Director improperly applied the marriage fraud bar by failing to notify the petitioner of the derogatory information and provide an opportunity to respond, as required by regulation. The AAO also noted that the Director did not apply recent, relevant case law and instructed that on remand, the Director must also address deficiencies in the evidence establishing the beneficiary's qualifying work experience.
Criteria Discussed
Marriage Fraud Bar (Ina 204(C)) Beneficiary'S Qualifying Experience Evidence Of Prior Employment Bona Fide Job Offer
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