EB-3 Dismissed — Culinary (2001): did not establish approved Form ETA 750, Application for

Decision Summary

The appeal was dismissed because the petitioner failed to submit the required approved Form ETA 750, Application for Alien Employment Certification (labor certification), from the Department of Labor (DOL). Although the director requested a duplicate certification from the DOL on the petitioner's behalf, the DOL was unable to locate the case in its archives. Since the petitioner could not meet the regulatory burden of providing an approved labor certification, the petition was ultimately denied.

Criteria Discussed

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