EB-3 Dismissed — Production Engineering (2018): did not establish the existence of a bona fide job

Decision Summary

The appeal was dismissed because the petitioner failed to establish the existence of a bona fide job opportunity. The AAO concurred with the Director's findings that the beneficiary had ownership and control of the petitioner, was the sole employee, and was inseparable from the company's operations, meaning the job was not genuinely open to U.S. workers. The petitioner's claims of a change in ownership and lack of beneficiary influence were not supported by the evidence in the record.

Criteria Discussed

Sign up free to download the original PDF