EB-3 Dismissed — Retail (2006): did not establish the beneficiary possessed the required

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed the required one year of work experience as of the priority date. The evidence submitted on appeal, letters from previous employers, was inconsistent with the ETA 750B form, which did not list this experience, and the petitioner failed to resolve this inconsistency. The director also found that the petitioner had not established its ability to pay the proffered wage.

Criteria Discussed

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