remanded
EB-3
remanded EB-3 Case: Software Solutions
Decision Summary
The matter was remanded because the Director improperly revoked the petition approval. The AAO concluded that USCIS lacks the authority to determine the bona fides of a job opportunity, as that responsibility lies with the Department of Labor. Additionally, the AAO found that the petitioner's response on the labor certification form regarding a relationship with the beneficiary was accurate and did not constitute a willful misrepresentation.
Criteria Discussed
Bona Fide Job Offer Willful Misrepresentation Of A Material Fact Uscis Vs. Dol Authority
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