remanded
EB-3
remanded EB-3 Case: Software Consulting
Decision Summary
The case was remanded because the director adjudicated the petition using the wrong labor certification. The petitioner intended to use an earlier labor certification from a previously filed and withdrawn petition, but the director mistakenly evaluated the beneficiary's credentials against a different labor certification from a separate, denied petition. The AAO agreed that the correct labor certification should be applied and sent the case back for proper review.
Criteria Discussed
Educational Credentials Labor Certification Requirements Priority Date Transfer
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