sustained EB-3 Case: Software Engineering
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Decision Summary
The appeal was sustained because the petitioner successfully resolved an ambiguity on the face of the labor certification regarding alternative experience requirements. The Director denied the petition due to a discrepancy, but the petitioner provided evidence such as job advertisements and a prevailing wage determination application that clarified the intended requirement was six years of experience in lieu of a bachelor's degree. The AAO found the beneficiary met this alternative requirement.
Criteria Discussed
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