Dismissed
EB-3
EB-3 Dismissed — Professional (2023): the original petition was filed under the EB-3 professional
Decision Summary
The appeal was dismissed because the original petition was filed under the EB-3 professional category, which requires an employer sponsor and a labor certification, neither of which were provided. The petitioner's attempt to change the visa classification to EB-2 NIW on appeal was rejected as an impermissible material change after the initial adjudication.
Criteria Discussed
Labor Certification Requirement Employer Sponsorship Requirement Inability To Change Visa Classification On Appeal Eligibility At Time Of Filing
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