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

Decision Summary

The appeal was dismissed because the beneficiary did not meet all of the job requirements listed on the labor certification by the petition's priority date. The specific requirements of a drug screening and criminal background check were completed after the priority date. The AAO affirmed the long-standing precedent that a beneficiary must be qualified for the position as of the priority date, not at a later time such as the petition filing date or just before employment commences.

Criteria Discussed

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