EB-3 Dismissed — Software Engineering (2016): did not establish the beneficiary met the experience

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary met the experience requirements outlined in the labor certification. The beneficiary's qualifying experience was gained with the same petitioning employer, and regulations prohibit counting this experience unless it was in a 'not substantially comparable' position, which the petitioner failed to demonstrate.

Criteria Discussed

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