EB-3 Sustained — Food Service: the director denied the petition, arguing the beneficiary's

Decision Summary

The director denied the petition, arguing the beneficiary's work experience was invalid because it was gained without employment authorization. The AAO sustained the appeal, clarifying that unauthorized employment does not negate the validity of the experience for meeting labor certification requirements, especially in cases potentially involving section 245(i) of the Act. The petitioner successfully documented that the beneficiary possessed the required two years of experience before the priority date.

Criteria Discussed

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