Sustained
EB-3
EB-3 Sustained — Software Engineering (2022): the Director denied the petition, finding the beneficiary
Decision Summary
The Director denied the petition, finding the beneficiary did not meet the required five years of post-baccalaureate experience because the calculation started from the date the formal diploma was issued. The AAO sustained the appeal, determining that the experience should be calculated from the earlier date of the provisional degree certificate, which confirmed the completion of all degree requirements. Based on this earlier date, the beneficiary met the experience requirement by the petition's priority date.
Criteria Discussed
Possession Of A Baccalaureate Degree Five Years Of Progressive Post-Baccalaureate Experience Priority Date Timing Of Degree Award (Provisional Certificate Vs. Formal Diploma)
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