EB-3 Dismissed — Culinary Arts (2006): the petitioner filed the I-140 petition using a labor

Decision Summary

The appeal was dismissed because the petitioner filed the I-140 petition using a labor certification that was certified for a different employer, New China Express. The petitioner failed to demonstrate, and in fact admitted it was not, the successor-in-interest to the original employer and therefore could not validly use the existing labor certification.

Criteria Discussed

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