Dismissed
EB-2
EB-2 Dismissed — Software Engineering (2012): did not establish the beneficiary met the work experience
Decision Summary
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary met the work experience requirements specified on the labor certification. The record contained significant and unresolved contradictions regarding the beneficiary's employment history across the ETA Form 9089, supporting letters, and the response to the Request for Evidence. The claim that the incorrect dates were an 'inadvertent error' was not sufficient to overcome these inconsistencies.
Criteria Discussed
Beneficiary Qualifications Labor Certification Requirements Work Experience Advanced Degree Or Equivalent
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