EB-3 Dismissed — Banking (2017): the underlying labor certification (ETA Form 9089)

Decision Summary

The appeal was dismissed because the underlying labor certification (ETA Form 9089) explicitly required a U.S. high school diploma and specified that no foreign educational equivalent was acceptable. The petitioner provided evidence of the beneficiary's Argentine secondary school completion, but since the petitioner themselves disallowed foreign equivalents on the form, USCIS was bound by the plain language of the certification and could not accept the foreign credential.

Criteria Discussed

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