EB-2 Sustained — Software Development: the director denied the petition because the job offer on

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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