EB-2 Dismissed — Health Care Administration (2010): the AAO withdrew the director's prior approval and denied

Decision Summary

The AAO withdrew the director's prior approval and denied the petition. The central issues were whether the beneficiary qualifies as a member of the professions holding an advanced degree and meets the minimum job requirements as set forth in the labor certification. The decision clarifies that while the Department of Labor certifies labor market conditions, USCIS retains the authority to make a de novo determination of the beneficiary's qualifications for the specific visa classification sought.

Criteria Discussed

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