EB-2 Sustained — Computer Science (2008): the director denied the petition, misinterpreting a

Decision Summary

The director denied the petition, misinterpreting a statement on the ETA Form 9089 as allowing for a combination of education and experience equivalent to less than a bachelor's degree. The AAO sustained the appeal, clarifying that the regulation explicitly allows a bachelor's degree plus five years of progressive experience as an advanced degree equivalent, and found that the job requirements, when read in their entirety, met this standard.

Criteria Discussed

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