EB-3 Dismissed — Construction (2017): the petitioner failed to disclose a familial relationship

Decision Summary

The appeal was dismissed because the petitioner failed to disclose a familial relationship (the owner and beneficiary were cousins) on the labor certification application. The AAO found that answering 'No' to the question about familial relationships constituted a willful misrepresentation of a material fact, which invalidated the labor certification. This failure to disclose prevented the Department of Labor from properly scrutinizing whether a bona fide job opportunity existed for U.S. workers.

Criteria Discussed

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