EB-3 Dismissed — Financial Services (2023): the petitioner misrepresented a material fact on the

Decision Summary

The appeal was dismissed because the petitioner misrepresented a material fact on the accompanying labor certification by failing to disclose the fraternal relationship between its principal and the beneficiary. This misrepresentation rendered the facts stated in the petition untrue, and USCIS lacks the authority to determine the bona fides of a job opportunity under these circumstances, as that authority rests with the Department of Labor. Therefore, the Director's revocation of the petition's approval was proper.

Criteria Discussed

Sign up free to download the original PDF