EB-3 Dismissed — Culinary Arts (2017): the Petitioner, who filed the Form I-140, was a different

Decision Summary

The appeal was dismissed because the Petitioner, who filed the Form I-140, was a different legal entity from the employer who filed the labor certification. The Petitioner failed to establish a successor-in-interest relationship, as the corporate reorganization it relied on occurred years before the labor certification was filed, meaning there was no transfer of ownership to analyze after the fact.

Criteria Discussed

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