Dismissed
EB-3
EB-3 Dismissed — Business (2023): the petitioner's labor certification unambiguously required
Decision Summary
The appeal was dismissed because the petitioner's labor certification unambiguously required a U.S. bachelor's degree and explicitly rejected a foreign degree equivalent. The beneficiary only possessed a foreign degree and therefore did not meet the position's minimum requirements. The AAO concluded that USCIS lacks the authority to correct or disregard this purported 'clerical error' on the Department of Labor-certified document and must adhere to its plain language.
Criteria Discussed
Beneficiary'S Educational Qualifications Labor Certification Requirements Acceptance Of Foreign Degree Equivalent Clerical Error On Labor Certification Uscis Authority Over Dol Certification
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