EB-3 Dismissed — Elderly Care (2008): did not establish the beneficiary possessed the requisite

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed the requisite qualifications as stated on the labor certification. Specifically, there were significant contradictions in the educational documents submitted; a diploma for nursing aide studies was contradicted by a letter from the same university stating the beneficiary was enrolled in a zoology program. The petitioner also failed to provide original documents when requested, thus failing to meet the burden of proof.

Criteria Discussed

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