EB-2 Dismissed — Product Management (2012): the associated labor certification (ETA Form 9089) failed

Decision Summary

The appeal was dismissed because the associated labor certification (ETA Form 9089) failed to demonstrate that the job requires a professional holding an advanced degree or an alien of exceptional ability. The form's listed requirement of 'any suitable combination of education/training and/or experience' was deemed insufficient for the requested EB-2 classification. The petitioner's attempt to re-characterize the petition on appeal was rejected, as material changes cannot be made to a deficient petition after filing.

Criteria Discussed

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