dismissed EB-2 Case: Academia
Decision Summary
The appeal was dismissed because the beneficiary did not meet the minimum educational requirement stated on the labor certification as of the priority date. The labor certification required a Ph.D., but the evidence showed the beneficiary had not completed her dissertation or been awarded the degree by the filing date. The AAO affirmed that the beneficiary must be qualified for the position at the time the petition is filed.
Criteria Discussed
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