EB-2 Dismissed — Software Engineering (2013): the job offer, as stated on the labor certification (ETA

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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