EB-3 Remanded — Travel (2022): the AAO found the Director's reasoning for denial was flawed

Decision Summary

The appeal was remanded because the AAO found the Director's reasoning for denial was flawed. The Director concluded the job was not available to U.S. workers because the petitioner offered the position to the beneficiary before starting recruitment. The AAO determined that the timing of the job offer alone is insufficient to support this conclusion and withdrew the Director's finding.

Criteria Discussed

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