EB-3 Dismissed — Poultry Processing (2017): did not establish the beneficiary met the labor

Decision Summary

The appeal was dismissed because the petitioner did not establish that the beneficiary met the labor certification's requirements for a drug screening and physical assessment as of the priority date. The AAO affirmed the Director's finding that all job requirements listed on the labor certification must be met by the priority date, and the evidence submitted by the petitioner was dated after this critical date.

Criteria Discussed

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