Dismissed
EB-3
EB-3 Dismissed — Healthcare (2022): the beneficiary did not meet the minimum job requirements
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
Beneficiary Qualifications As Of Priority Date Minimum Education Requirements Foreign Educational Equivalent Amendment Of Labor Certification
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