EB-2 Dismissed — Information Technology (2011): the beneficiary did not meet the minimum educational

Decision Summary

The appeal was dismissed because the beneficiary did not meet the minimum educational requirements as stated on the certified ETA Form 9089 labor certification. Specifically, the labor certification required a bachelor's degree but indicated in line 9 that a foreign educational equivalent was not acceptable. Since the beneficiary's degrees were from India, he did not meet the explicit terms of the job offer, and USCIS is bound to adjudicate based on the plain language of the certified form.

Criteria Discussed

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