EB-3 Sustained — Retail Management: the petition was initially denied and the appeal dismissed

Decision Summary

The petition was initially denied and the appeal dismissed because the evidence did not clearly establish that the beneficiary had the six months of training required by the labor certification. The petitioner filed a motion to reopen with a new, clarified letter from the beneficiary's former employer, which affirmed that the beneficiary's entire first year of employment was dedicated to management training. The AAO found this new evidence sufficient, withdrew the prior denials, and approved the petition.

Criteria Discussed

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