EB-3 Dismissed — Culinary Arts (2016): the beneficiary did not meet the minimum educational

Decision Summary

The appeal was dismissed because the beneficiary did not meet the minimum educational requirements as stated on the labor certification. The certification required a U.S. high school education and explicitly stated that a foreign educational equivalent was not acceptable, but the beneficiary only held a foreign equivalent. Additionally, the AAO found that the position did not represent a bona fide job offer because the petitioner's willingness to hire the beneficiary proved its actual minimum requirements were less restrictive than those advertised to U.S. workers.

Criteria Discussed

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