EB-3 Dismissed — Finance (2017): the petitioner willfully misrepresented a material fact on

Decision Summary

The appeal was dismissed because the petitioner willfully misrepresented a material fact on the labor certification application by failing to disclose the familial relationship between its owner and the beneficiary. This omission was deemed material as it is crucial for determining if a bona fide job opportunity is open to U.S. workers. The petitioner's claim that the error was an unintentional oversight by their attorney was not accepted as a valid defense, leading to the invalidation of the labor certification and denial of the petition.

Criteria Discussed

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