EB-3 Remanded — Stone Fabrication (2017): the motion to reopen was granted because the petitioner

Decision Summary

The motion to reopen was granted because the petitioner submitted new evidence (an affidavit) successfully demonstrating its intent to employ the beneficiary, which overcame the prior dismissal reason. However, the case was remanded because the record did not yet establish the petitioner's ability to pay the proffered wage, especially considering three other pending immigrant petitions filed by the same petitioner.

Criteria Discussed

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