EB-3 Dismissed — Culinary: did not establish the beneficiary met the required two

Decision Summary

The appeal was dismissed because the petitioner failed to prove the beneficiary met the required two years of experience as a cook, as stipulated in the labor certification. The experience letter provided was from an employer not listed on the original Form ETA 750B. Furthermore, the beneficiary's claimed work history as a cook directly conflicted with information he provided on a previous asylum application, where he listed his employment as a landscaper and farmer during the same periods.

Criteria Discussed

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