Health Services Manager

The Beneficiary failed to meet the minimum requirements of the labor certification, which required a bachelor's degree in commerce or accounting. The record lacked an official college record showing a degree was awarded, and the Petitioner's reliance on the H-1B '3-for-1' experience rule was deemed inapplicable to this immigrant petition. Additionally, the labor certification (Form 9089) specifically stated that an alternate combination of education and experience was unacceptable.

The appeal was dismissed because the Petitioner did not demonstrate that the Beneficiary possessed at least 36 months of full-time experience as a personal care attendant (PCA) by the priority date. The provided time sheets showed that the Beneficiary worked full-time for only 21 out of 36 months between July 2014 and June 2017, and no time sheets were provided for the period after June 2017 to prove the requisite hours. Furthermore, the Petitioner failed to provide documentary evidence of the Beneficiary's high school diploma or its foreign equivalent, a stated requirement on the labor certification.

The Petitioner did not sufficiently document the transfer and assumption of ownership from the labor certification employer. The purchase agreement was incomplete and dated prior to the labor certification filing, failing to prove the Petitioner acquired essential rights and obligations after the priority date. Additionally, the corporate affidavit provided did not equate to a bona fide transfer of ownership necessary for successor-in-interest status.

The appeal was dismissed because the Petitioner did not provide sufficient independent, objective evidence to corroborate the Beneficiary's claimed full-time work experience in Pakistan, which was necessary to meet the 24 months of required experience. The Beneficiary's prior U.S. visitor visa application, where he stated no previous employment, created an inconsistency that required more than just employer letters to resolve.