dismissed EB-2 Case: Information Technology
Decision Summary
The director revoked the petition, finding that the certified labor application (ETA Form 9089) failed to demonstrate that the job requires a professional holding an advanced degree or its equivalent. The director reasoned that the inclusion of language accepting "any suitable combination of education, training, or experience" (known as Kellogg language) opened the position to applicants with lesser qualifications. The appeal was dismissed, upholding this decision.
Criteria Discussed
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