EB-3 Dismissed — Information Technology (2019): the beneficiary did not meet the minimum educational

Decision Summary

The appeal was dismissed because the beneficiary did not meet the minimum educational requirements stated on the labor certification. The position required a U.S. master's degree or foreign equivalent, but evaluations showed the beneficiary's education was equivalent to a U.S. bachelor's degree. The petitioner's claim that a combination of education and experience was acceptable was rejected because the labor certification form explicitly indicated that no alternate combination was permissible.

Criteria Discussed

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