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I-140 denial after DOL accepted applicant

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  • I-140 denial after DOL accepted applicant

    I have been issued a denial by DHS because I have 20 years experiance but not a 4 year degree. The labor cert stated 4 year degree and 4 years exp. This was approved by DOL. DHS does not agree. Is there an operating instruction / case law that states DHS/INS have to accept DOL findings and therefore allow the I-140?
    Thanks

  • #2
    I have been issued a denial by DHS because I have 20 years experiance but not a 4 year degree. The labor cert stated 4 year degree and 4 years exp. This was approved by DOL. DHS does not agree. Is there an operating instruction / case law that states DHS/INS have to accept DOL findings and therefore allow the I-140?
    Thanks

    Comment


    • #3
      Not AFAIK. BCIS reserve ruling based on their interpretation. But judging from the wording of "4years degree AND 4years experience", it'll be hard to overturned BCIS decision if you indeed doesn't have the degree.

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      • #4
        thank you

        You say "hard" does that mean there is a way of overturning BCIS ruling ?

        Comment


        • #5
          yes, you can initiate an appeal process and/or several motion to reconsider your case. Check out this link:
          http://www.immigration.gov/graphics/...pealDenial.htm

          The problem is there's no telling how long these appeal process will take, and the end result could just be another denial. I'll be more inclined to restart the AOS process again with a new labor certification.

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