dismissed
EB-2
dismissed EB-2 Case: Software Development
Decision Summary
The appeal was dismissed because the petitioner filed for an EB-2 visa (advanced degree or exceptional ability professional), but the underlying labor certification only required a bachelor's degree and three months of experience. The job requirements did not match the visa category sought. The petitioner's attempt to amend the petition to a lower preference category on appeal was deemed an impermissible material change.
Criteria Discussed
Job Requirements (Advanced Degree) Job Requirements (Exceptional Ability) Ability To Pay Proffered Wage
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