EB-3 Dismissed — Food Service (2016): did not establish it was a valid successor-in-interest to

Decision Summary

The appeal was dismissed because the petitioner failed to establish it was a valid successor-in-interest to the original company that filed the labor certification. The evidence showed a purchase of assets (furniture, equipment) but did not demonstrate the transfer of essential rights and obligations necessary to carry on the business. Furthermore, the petitioner failed to provide evidence showing that the job opportunity remained the same as the one originally offered.

Criteria Discussed

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