EB-2 Dismissed — Computer Science (2013): the petitioner's labor certification did not demonstrate

Decision Summary

The appeal was dismissed because the petitioner's labor certification did not demonstrate that the job itself requires an alien of exceptional ability, as mandated by regulation 8 C.F.R. § 204.5(k)(4). The labor certification only required a bachelor's degree with 36 months of experience or a master's degree, which was deemed insufficient. The AAO rejected counsel's argument that this requirement does not apply to petitions supported by an individual labor certification.

Criteria Discussed

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