EB-3 Dismissed — Information Technology (2021): did not establish a bona fide intent to employ the

Decision Summary

The appeal was dismissed because the petitioner, an IT consulting business, failed to establish a bona fide intent to employ the beneficiary as a programmer analyst, the position described in the labor certification. The AAO agreed with the Director that the evidence suggested the beneficiary would continue his current work as a system analyst, which has different job duties, and the petitioner did not provide credible evidence of a genuine need or future contracts for a programmer analyst.

Criteria Discussed

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