EB-3 Dismissed — Culinary Arts (2019): the petitioner failed to resolve evidentiary discrepancies

Decision Summary

The appeal was dismissed because the petitioner failed to resolve evidentiary discrepancies concerning the beneficiary's employment history. The experience claimed on the labor certification for a head chef position conflicted with information on a prior nonimmigrant visa application, and the petitioner did not adequately prove the beneficiary met the required two years of experience. Although the AAO withdrew the Director's finding of willful misrepresentation, the failure to establish the beneficiary's qualifications led to the dismissal.

Criteria Discussed

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