EB-3 Dismissed — Retail (2024): the petitioner sold its business and ceased operations

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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