EB-2 Dismissed — Software Engineering (2006): the director correctly revoked the petition's approval

Decision Summary

The appeal was dismissed because the director correctly revoked the petition's approval. The petitioner attempted to substitute a new beneficiary onto a labor certification that had already been used by the original beneficiary to adjust their status to a lawful permanent resident. The AAO found that the evidence, specifically the priority dates on the various applications, confirmed the labor certification was already used and could not be reused for the new beneficiary.

Criteria Discussed

Sign up free to download the original PDF