EB-3 Dismissed — Culinary (2020): the motion to reopen was dismissed because the petitioner

Decision Summary

The motion to reopen was dismissed because the petitioner failed to submit new facts to overcome the prior decision regarding the beneficiary's work experience. The new evidence contradicted the labor certification, showing the beneficiary worked seasonally as a cleaner rather than full-time as a cook, and thus did not meet the required two years of experience. The decision also noted that the petitioner failed to establish its ability to pay the proffered wage.

Criteria Discussed

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