EB-3 Sustained — Accounting (2017): the Director denied the petition, invalidating the

Decision Summary

The Director denied the petition, invalidating the underlying labor certification for fraud because the petitioner failed to disclose a familial relationship between the beneficiary and one of its partners. The AAO sustained the appeal, finding that the petitioner's incorrect response on the labor certification form did not justify a finding of fraud or material misrepresentation and that a bona fide job opportunity existed.

Criteria Discussed

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