Purchasing Agent

The AAO withdrew the Director's finding regarding the lack of a bona fide job opportunity, noting that recruitment was performed and Japanese language skills were required. The case was remanded to determine if the job offer is permanent, as the record lacked evidence of the Beneficiary's interpretation of the three-year employment commitment agreement. The Director must now seek additional proof regarding the intended term of employment.

The motion to reopen was granted because the Petitioner submitted new material evidence, including an educational equivalency evaluation and a detailed experience letter. The matter was remanded to the Director to evaluate whether this new evidence sufficiently demonstrates that the Beneficiary meets the specific education and experience requirements of the labor certification.

The AAO withdrew the Director's decision because it failed to address the Petitioner's response to the Notice of Intent to Deny (NOID). The matter was remanded to evaluate the totality of circumstances regarding the bona fide job offer and to resolve whether the Beneficiary meets the minimum experience requirements.

The matter was remanded because the record lacked the mandatory financial documentation (tax returns or audited statements) for 2019 onwards to verify the ability to pay. The Director must also evaluate the Petitioner's ability to pay the combined proffered wages for all beneficiaries of its pending or approved I-140 petitions. The Petitioner is allowed the opportunity to submit updated financial records and evidence regarding the totality of its circumstances.