dismissed EB-3 Case: Software Engineering
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Decision Summary
The appeal was dismissed because the petitioner failed to establish that the offered position of 'manager, engineering' was the same or similar to the position listed on the certified labor certification, which was 'software engineer (test lead)'. The AAO found that the petitioner did not provide sufficient details regarding the new role's supervisory duties and the nature of its increased autonomy, making it impossible to determine if the labor certification remained valid for the new position.
Criteria Discussed
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