EB-3 Dismissed — Thai Cuisine (2020): the Director invalidated the labor certification due to a

Decision Summary

The Director invalidated the labor certification due to a suspected familial relationship and the beneficiary's misrepresentation of her employment experience. While the AAO withdrew the finding on the familial relationship based on DNA evidence, it dismissed the appeal because the close personal relationship between the petitioner's owner and the beneficiary cast significant doubt on the bona fides of the job opportunity and whether the position was truly open to U.S. workers.

Criteria Discussed

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