Dismissed
EB-3
EB-3 Dismissed — Mechanical Engineering (2017): the petitioner filed for a 'professional' classification,
Decision Summary
The appeal was dismissed because the petitioner filed for a 'professional' classification, but the underlying labor certification did not strictly require a U.S. bachelor's degree or its foreign equivalent, allowing for an 'equivalent' based on experience. The AAO rejected the petitioner's argument to consider the beneficiary as a 'skilled worker' instead, because the petitioner had explicitly selected the 'professional' category on the Form I-140 and could not change it on appeal.
Criteria Discussed
Labor Certification Requirements For Professional Classification Beneficiary'S Educational Qualifications (Bachelor'S Degree Or Equivalent) Consideration Of Alternative 'Skilled Worker' Classification
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