12/03/2012 12:53:27 PM EST
AAO Reverses Denial of I-140 in RIR Case
Jerry Friedman writes: "Attached is a decision from the AAO reinstating an I-140 that was revoked by the Texas Service Center. The revocation was based on the Service Center’s lack of understanding of the reduction in recruitment procedure in place in 2001. Dvorak initially filed the labor cert as a regular supervised case, but switched to an R-I-R at some point. They also challenged the ability to pay, even though the beneficiary is still employed at the same store in the same position. My argument walked the AAO through the R-I-R process. I also kvetched that it was unfair to demand documents from a dozen years ago when there was no requirement for the employer to keep them. Even the DOL doesn’t keep them so why should the employer?"