Dismissed
EB-3
EB-3 Dismissed — Financial Analysis (2023): the petitioner falsely stated on the labor certification
Decision Summary
The appeal was dismissed because the petitioner falsely stated on the labor certification that no familial relationship existed between the company's owner and the beneficiary. This misrepresentation on a document integral to the petition rendered the facts stated in the petition untrue. The AAO affirmed the denial, noting that the Department of Labor, not USCIS, has the authority to determine the bona fides of the job opportunity under these circumstances.
Criteria Discussed
Non-Disclosure Of Familial Relationship On Labor Certification Bona Fide Job Offer Willful Misrepresentation Of A Material Fact Agency Jurisdiction (Uscis Vs. Department Of Labor)
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