dismissed EB-3 Case: Culinary Arts
Decision Summary
The appeal was dismissed because the beneficiary did not meet the minimum educational requirements as stated on the labor certification. The certification required a U.S. high school education and explicitly stated that a foreign educational equivalent was not acceptable, but the beneficiary only held a foreign equivalent. Additionally, the AAO found that the position did not represent a bona fide job offer because the petitioner's willingness to hire the beneficiary proved its actual minimum requirements were less restrictive than those advertised to U.S. workers.
Criteria Discussed
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Avoid the mistakes that led to this denial
MeritDraft guides you through USCIS criteria so your draft is organized around the right evidence, legal framing, and common denial patterns.
Start a Stronger Draft →No credit card required. Generate your first petition draft in minutes.