EB-3 Dismissed — Trucking (2020): the beneficiary did not meet all the requirements of the

Decision Summary

The appeal was dismissed because the beneficiary did not meet all the requirements of the labor certification as of the priority date. The Director determined the beneficiary did not have the required Illinois Commercial Driver's License (CDL) and could not obtain one without legal presence in the U.S. The AAO affirmed that a beneficiary must be qualified at the time of petitioning and cannot be permitted to meet job requirements after arriving in the United States.

Criteria Discussed

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