dismissed
EB-2
dismissed EB-2 Case: Computer Science
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
Job Offer Requires An Alien Of Exceptional Ability
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Avoid the mistakes that led to this denial
MeritDraft guides you through USCIS criteria so your draft is organized around the right evidence, legal framing, and common denial patterns.
Start a Stronger Draft →No credit card required. Generate your first petition draft in minutes.