EB-3 Dismissed — Culinary (2019): the Director found a willful misrepresentation of a

Decision Summary

The appeal was dismissed because the Director found a willful misrepresentation of a material fact regarding the Beneficiary's qualifying work experience. The Beneficiary's claim of working as a cook during a specific period was contradicted by her own prior nonimmigrant visa application, where she stated she was working as a supervisor in finance for another company and had no other employers. The petitioner failed to resolve this material inconsistency on appeal, leading to the invalidation of the labor certification.

Criteria Discussed

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