EB-3 Dismissed — Restaurant Management (2019): did not establish its intent to directly employ the

Decision Summary

The appeal was dismissed because the petitioner, a parent holding company, failed to demonstrate its intent to directly employ the beneficiary. The beneficiary was and would continue to be employed by a subsidiary, which is a separate legal entity with a different Federal Employer Identification Number (FEIN), a structure that undermines the integrity of the labor certification process.

Criteria Discussed

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