dismissed
EB-3
dismissed EB-3 Case: Service Station
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Decision Summary
The appeal was dismissed because the petitioner failed to establish by a preponderance of the evidence that the beneficiary met the minimum experience requirement of the labor certification. The Director found a lack of objective, independent evidence for the beneficiary's claimed prior employment, and noted a material discrepancy where the beneficiary had previously stated on a nonimmigrant visa application that he had no work experience.
Criteria Discussed
Qualifying Work Experience Meeting Labor Certification Requirements Willful Misrepresentation
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