EB-3 Dismissed — Cook (2006): the petition was not accompanied by a required Form ETA

Decision Summary

The appeal was dismissed because the petition was not accompanied by a required Form ETA 750, Application for Alien Employment Certification (labor certification). The petitioner's attempt to use a labor certification issued to the beneficiary's previous employer was rejected because labor certifications are not transferable between employers, and the petitioner failed to prove it was a successor-in-interest to the original petitioning company.

Criteria Discussed

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