EB-3 Dismissed — Janitorial Services (2017): the beneficiary did not meet all the job requirements

Decision Summary

The appeal was dismissed because the beneficiary did not meet all the job requirements listed on the labor certification by the petition's priority date. Specifically, the labor certification required a drug screening and criminal background check, but the evidence showed the beneficiary completed these well after the priority date. The AAO rejected the petitioner's argument that these checks could be completed before starting employment, affirming the legal precedent that all qualifications must be met by the priority date.

Criteria Discussed

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