EB-3 Remanded — Stone Fabrication (2023): the Director denied the petition based on the beneficiary's

Decision Summary

The appeal was remanded because the Director denied the petition based on the beneficiary's work experience and alleged misrepresentation without first issuing a Request for Evidence (RFE) on these specific issues. The AAO found the petitioner was not given a reasonable opportunity to address the deficiencies and submitted new, material evidence on appeal. Therefore, the case was sent back for the Director to review the new evidence and reconsider the findings, and the finding of willful misrepresentation was withdrawn.

Criteria Discussed

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