EB-3 Dismissed — Information Technology (2016): did not establish the beneficiary met the minimum

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary met the minimum educational requirements of the certified labor certification. The labor certification required a U.S. bachelor's degree or a foreign equivalent degree, but the beneficiary's three-year Indian Bachelor of Commerce degree, even when combined with a professional accounting membership, was not found to be equivalent. The decision emphasized that USCIS must adhere to the plain language of the labor certification, which did not allow for a combination of education and experience to meet the degree requirement.

Criteria Discussed

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