EB-2 Sustained — Engineering (2007): the AAO determined that the director had misinterpreted the

Decision Summary

The appeal was sustained because the AAO determined that the director had misinterpreted the job requirements on the ETA Form 9089. The AAO found that a holistic reading of the form demonstrated the job required a bachelor's degree plus five years of progressive experience in an alternate occupation, which is equivalent to an advanced degree. The director's narrow interpretation, which concluded no experience was required, was deemed irrational as it rendered other sections of the form meaningless.

Criteria Discussed

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