EB-3 Dismissed — Culinary Arts (2021): did not establish the beneficiary possessed the minimum

Decision Summary

The appeal was dismissed because the petitioner failed to prove the beneficiary possessed the minimum required work experience as stated on the labor certification. The Director found significant inconsistencies between the experience claimed in the petition and information on the beneficiary's prior nonimmigrant visa application, where he listed his occupation as 'student' and denied having previous employment. These discrepancies, along with contradictory statements made during a USCIS site visit, were not resolved with independent, objective evidence.

Criteria Discussed

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