EB-2 Dismissed — Software Development (2011): the substitution of the beneficiary on the labor

Decision Summary

The appeal was dismissed because the substitution of the beneficiary on the labor certification was not permitted, as the request was filed after the effective date of the rule prohibiting substitutions. The AAO also noted the director's initial grounds for denial, which included the job not requiring an advanced degree and the petitioner's failure to establish its ability to pay the proffered wage.

Criteria Discussed

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