dismissed EB-2 Case: Physical Therapy
Decision Summary
The appeal was dismissed because the petitioner filed for an EB-2 classification, which requires the job to necessitate an advanced degree or its equivalent. However, the associated labor certification (Form ETA 9089) only required a bachelor's degree and no experience. The petitioner's attempt to amend the petition to a different category on appeal was deemed an impermissible material change to a deficient petition.
Criteria Discussed
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