EB-3 Remanded — Wholesale Trade (2022): the Director revoked the petition because the beneficiary

Decision Summary

The Director revoked the petition because the beneficiary was identified and offered the job years before the labor certification recruitment, suggesting the job was not truly open to U.S. workers. The AAO remanded the case, finding that the Director erred because identifying a foreign national before the required recruitment process is a normal part of the labor certification process and does not by itself prove the job was not bona fide.

Criteria Discussed

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