EB-3 Dismissed — Commercial Cleaning (2017): the beneficiary did not meet the job requirements stated in

Decision Summary

The appeal was dismissed because the beneficiary did not meet the job requirements stated in the labor certification as of the priority date. The petitioner failed to provide evidence that the beneficiary had undergone a required drug screening and criminal background check by the time the labor certification was filed. The petitioner's argument that these were merely post-filing personnel procedures rather than job requirements was not found to be persuasive.

Criteria Discussed

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