EB-3 Dismissed — Construction (2018): did not establish the beneficiary met the minimum

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary met the minimum experience requirements as stated on the labor certification. The dates of claimed foreign employment (2003-2006) were contradicted by USCIS records showing the beneficiary was present in the United States during much of that period. The petitioner's attempt to later claim a different period of employment was deemed an improper material change and insufficient to resolve the initial discrepancy.

Criteria Discussed

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