EB-3 Dismissed — Countertop Fabrication (2017): did not establish the beneficiary met all job requirements

Decision Summary

The appeal was dismissed because the petitioner failed to prove the beneficiary met all job requirements from the labor certification as of the priority date. Specifically, the criminal background check provided was conducted after the priority date, and the petitioner's affidavit was deemed insufficient to overcome this deficiency. The AAO also raised an unaddressed issue concerning the bona fides of the job opportunity, questioning if the position was truly open to U.S. workers.

Criteria Discussed

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