sustained
EB-3
sustained EB-3 Case: Marketing
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Decision Summary
The appeal was sustained because the petitioner successfully rebutted the Director's finding of 'improper commerce' regarding the labor certification. The AAO determined that while the beneficiary did pay for some legal costs, the evidence showed these payments were for the Form I-140 and visa application, which is permissible, and that the petitioner had correctly paid for the labor certification.
Criteria Discussed
Improper Commerce In Labor Certification Payments Bona Fide Job Opportunity Willful Misrepresentation
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