SILVER DRAGON CHINESE RESTAURANT

Citations

• 19 I. & N. Dec. 401

Syllabus

SILVER DRAGON CHINESE RESTAURANT, 19 I&N Dec. 401 (Comm. 1986) ID 3017 (PDF) (1) An occupational preference petition may be filed on behalf of a prospective employee who is a shareholder in the corporation. The prospective employee's interest in the corporation,however, is a material fact to be considered in determining whether the job being offered was really open to all qualified applicants. (2) A shareholder's concealment, in labor certification proceedings, of his or her interest in the petitioning corporation constitutes willful misrepresentation of a material fact and is a ground forinvalidation of an approved labor certification under 20 C.F.R. § 656.30(d) (1986).