Dismissed
EB-3
EB-3 Dismissed — Dance (2018): the petitioner filed under the third preference skilled
Decision Summary
The appeal was dismissed because the petitioner filed under the third preference skilled worker classification but sought a Schedule A designation, for which it did not qualify under that category. The petitioner's attempt to change the visa classification to first preference extraordinary ability on appeal was not permitted, as a petition cannot be materially changed after a decision has been made.
Criteria Discussed
Eb-3 Skilled Worker Schedule A Designation Change Of Classification On Appeal Extraordinary Ability (Eb-1A) Exceptional Ability (Eb-2)
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