EB-3 Dismissed — Clinical Chemistry (2021): the motion to reopen and reconsider was dismissed because

Decision Summary

The motion to reopen and reconsider was dismissed because the Beneficiary did not meet the minimum educational requirements as stated on the labor certification. The certification required a U.S. bachelor's degree or foreign equivalent, but the Petitioner improperly indicated on the form that no alternate combination of education and experience was acceptable, even while attempting to qualify the Beneficiary using such a combination. This prevented the Department of Labor from properly assessing the job requirements and the labor market test.

Criteria Discussed

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