EB-3 Dismissed — Plumbing And Ventilation Products (2017): did not establish the beneficiary met the job requirements

Decision Summary

The appeal was dismissed because the petitioner failed to prove the beneficiary met the job requirements listed on the labor certification by the petition's priority date. Specifically, the petitioner did not provide evidence that the beneficiary had passed a required criminal background check by that date. The AAO also found the beneficiary's qualifying experience, gained with the same petitioner, was not in a 'substantially different' position as required by regulation.

Criteria Discussed

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