Why the USCIS Still Have Question of My Job
Qualification after the Labor Certification Approval?

Dr. William:

My PERM Labor Certification was approved by U.S. Department of Labor about 3 months ago in EB-3 category. Thereafter, my employer filed I-140 application for me as a software engineer. Now I got a Request For Evidence (RFE) form USCIS Service Center, questioning my three-year college degree from India not meeting the Bachelor degree requirement of the position. 

My question for you is that I already passed the DOL's Labor Certification requirement, why the USCIS now still has the question of my job qualification?


Answer:

For the Form I-140 application, an USCIS adjudicator will determine whether the alien beneficiary has met the minimum education, training, and experience requirements of the Labor Certification at the time the application for Labor Certification was filed with DOL. USCIS will not approve a I-140 petition if the alien beneficiary was not fully qualified for the position by the priority date of the Labor Certification.

Many aliens believe that an approved Labor Certification means that Department Of Labor has also certified that the alien beneficiary named on the Labor Certification qualifies for the position. This is not true, as the authority to determine qualifications for nonimmigrant and immigrant classifications rests with USCIS. 

 


 

 

     

 

 

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