EB-3 Dismissed — Restaurant (2018): the petitioner willfully misrepresented a material fact on

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

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