EB-3 Dismissed — Information Technology (2016): the job requirements on the certified labor certification

Decision Summary

The appeal was dismissed because the job requirements on the certified labor certification did not align with the statutory requirements for the EB-3 professional visa category. The labor certification permitted an applicant to qualify with a three-year bachelor's degree plus experience, which is not considered equivalent to the required U.S. baccalaureate degree or its foreign equivalent for this classification. Because the plain language of the labor certification allowed for less than a baccalaureate degree, the position was ineligible for the classification sought.

Criteria Discussed

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