EB-3 Dismissed — Baking (2006): did not establish the beneficiary possessed the required

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed the required two years of experience as a baker, as mandated by the labor certification. The director requested the beneficiary's W-2 forms to substantiate the claimed experience, but the beneficiary stated he was paid in cash and could not provide them. The AAO determined that this unsubstantiated claim, lacking any supporting evidence like tax returns, was insufficient to meet the petitioner's burden of proof.

Criteria Discussed

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