dismissed EB-3 Case: Retail
Decision Summary
The appeal was dismissed because the AAO found that the petitioner willfully misrepresented a material fact on the labor certification by failing to disclose the familial relationship between the company's owner and the beneficiary. This misrepresentation was deemed material because it shut off a line of inquiry into whether the job opportunity was genuinely open to U.S. workers, which led to the invalidation of the labor certification.
Criteria Discussed
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