dismissed EB-2 Case: Software Engineering
Decision Summary
The appeal was dismissed because the job offer, as stated on the labor certification (ETA Form 9089), did not require a professional holding an advanced degree or its specific equivalent. The form allowed for a 'bachelor's degree or its equivalent' including a combination of lesser degrees, which does not meet the regulatory standard for an EB-2 petition requiring a single U.S. baccalaureate degree (or its foreign equivalent) plus five years of experience.
Criteria Discussed
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