sustained EB-2 Case: Software Development
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Decision Summary
The director denied the petition because the job offer on the labor certification appeared not to require an advanced degree, due to an ambiguous reference to an H-1B regulation for educational equivalency. The AAO sustained the appeal, concluding that when the labor certification is read as a whole, it does require a professional with an advanced degree or the recognized equivalent of a bachelor's degree plus five years of progressive experience, thus meeting the EB-2 classification requirements.
Criteria Discussed
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