EB-3 Remanded — Retail (2025): the Director erred by not issuing a Request for Evidence

Decision Summary

The appeal was remanded because the Director erred by not issuing a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID), which is contrary to USCIS policy and prevented the petitioner from submitting additional evidence. Furthermore, the Director failed to consider the totality of the circumstances regarding the petitioner's ability to pay the proffered wage, particularly its financial performance in years preceding the priority date, as allowed under Matter of Sonegawa.

Criteria Discussed

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