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We were recently retained at the I-140 Appeal stage for an I-140 denied on grounds of fraud/willful misrepresentation.  USCIS denied the I-140 citing inconsistencies between the ETA 9089 job requirements, the advertisements, and a subsequent letter sent by petitioner with an RFE pertaining to the job requirements.  Due to what USCIS termed as "material inconsistencies,"  the I-140 was denied on the grounds that the labor certification submitted was gained through fraud or willful misrepresentation of a material fact.

We filed an I-140 application in which the beneficiary was no longer working for the employer and was living outside the U.S. We included fairly standard supporting documents. To show the employer’s ability to pay the offered wage, we submitted federal tax returns and a W-2 from the preceding year. To show the beneficiary’s qualifications, we submitted a copy of his degree and affidavits from previous supervisors and co-workers with supporting documents.