EB-3 Remanded — Wholesale Buyer (2020): the Director's denial, based on a finding of willful

Decision Summary

The Director's denial, based on a finding of willful misrepresentation against the beneficiary, was withdrawn. The AAO determined the petitioner, not the beneficiary, was responsible for the incorrect information on the labor certification, and that the misstatement was not material as the relationship had been disclosed to the Department of Labor during an audit. The matter was remanded for a new decision and to further consider the petitioner's ability to pay the proffered wage.

Criteria Discussed

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