dismissed
EB-3
dismissed EB-3 Case: Restaurant
Decision Summary
The appeal was dismissed because the petitioner willfully misrepresented a material fact on the labor certification application by failing to disclose the beneficiary's role as a co-incorporator of the company. The AAO found this misrepresentation was material because it prevented a necessary line of inquiry into whether a bona fide job opportunity existed for U.S. workers. The petitioner's claim of ineffective assistance of counsel was rejected for failing to meet procedural requirements.
Criteria Discussed
Labor Certification Validity Willful Misrepresentation Material Fact Bona Fide Job Opportunity Familial Relationship Ineffective Assistance Of Counsel
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