EB-3 Dismissed — Culinary Arts (2020): did not establish the beneficiary met the labor

Decision Summary

The appeal was dismissed because the petitioner failed to prove the beneficiary met the labor certification's requirement of 24 months of qualifying experience. There were initial discrepancies in the claimed employment dates, and subsequent evidence, a statement from local merchants, was found to be unreliable after a consular investigation revealed multiple inconsistencies and contradictions from its signatories. The petitioner could not resolve these doubts with objective evidence, failing to meet the burden of proof.

Criteria Discussed

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