EB-3 Dismissed — Culinary: did not establish a bona fide, permanent, full-time

Decision Summary

The appeal was dismissed because the petitioner, a care facility with a capacity for six residents, failed to establish that a bona fide, permanent, full-time position for a cook genuinely exists. Inconsistencies in the record, such as the beneficiary performing caregiving duties to meet staffing requirements and conflicting statements about job tasks during interviews, cast significant doubt on the reality of the job offer as described in the labor certification.

Criteria Discussed

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