dismissed EB-3 Case: Healthcare
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Decision Summary
The appeal was dismissed because the beneficiary did not meet the minimum job requirements as stated on the certified labor application (ETA Form 9089). The form specified that a U.S. high school diploma was required and a foreign equivalent was unacceptable, but the beneficiary only provided a foreign diploma. The petitioner's attempt to amend the form post-filing to correct a claimed 'clerical error' was disallowed, as regulations prohibit modifying a labor certification once it has been filed.
Criteria Discussed
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