dismissed EB-3 Case: Retail
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Decision Summary
The appeal was dismissed because the petitioner sold its business and ceased operations before filing the I-140 petition, meaning there was no bona fide job offer. The Director found the petitioner willfully misrepresented a material fact by attesting to a permanent, full-time job offer that did not exist. The beneficiary's request for job portability was denied because the underlying petition was not approvable from its inception.
Criteria Discussed
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