EB-3 Dismissed — Retail Management (2017): the AAO concluded that the petitioner failed to demonstrate

Decision Summary

The appeal was dismissed because the AAO concluded that the petitioner failed to demonstrate a bona fide job opportunity was available to U.S. workers. The beneficiary's brother was a 50% owner and officer of the petitioning company, which created a strong inference that the position was not genuinely open. This familial relationship led the AAO to find that the petitioner willfully misrepresented a material fact on the labor certification, thus invalidating it.

Criteria Discussed

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