Dismissed
EB-3
EB-3 Dismissed โ Finance (2018): the beneficiary's qualifications did not meet the plain
Decision Summary
The appeal was dismissed because the beneficiary's qualifications did not meet the plain language of the job requirements stated on the labor certification. The petitioner relied on an expert opinion that used a formula equating work experience to education (common in H-1B cases), but this was not specified or permissible for this immigrant petition. Furthermore, conflicting expert opinions failed to consistently establish that the beneficiary's qualifications were equivalent to a degree in one of the specific fields required for the position.
Criteria Discussed
Beneficiary'S Educational Qualifications Labor Certification Requirements Foreign Degree Equivalency Experience As Educational Equivalent
๐ Original decision (USCIS PDF)
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