EB-3 Remanded — Software Solutions (2023): the matter was remanded because the Director improperly

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

Sign up free to download the original PDF