EB-3 Dismissed — Commercial Cleaning (2017): did not establish the beneficiary met the job requirements

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary met the job requirements listed in the labor certification as of the priority date. The certification required an initial drug screening and criminal background check, but the evidence submitted showed these were completed well after the filing date. The AAO rejected the petitioner's argument that these were merely pre-employment procedures and not qualifying requirements that needed to be met at the time of filing.

Criteria Discussed

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