Dismissed
EB-3
EB-3 Dismissed โ Farming (2016): the motion was denied, and the prior dismissal upheld,
Decision Summary
The motion was denied, and the prior dismissal upheld, because the petitioner failed to resolve significant inconsistencies in the record regarding the beneficiary's claimed qualifying experience. The evidence presented, including conflicting affidavits and timelines about the beneficiary's employment in Mexico and the United States, cast doubt on whether he met the minimum requirements of the labor certification. The petitioner did not provide the required independent, objective evidence to resolve these contradictions.
Criteria Discussed
Beneficiary'S Qualifying Experience Petitioner'S Ability To Pay Validity Of Labor Certification Successorship-In-Interest Experience Gained With Petitioning Employer
๐ Original decision (USCIS PDF)
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