Juan’s (not real name) employer filed a labor certification on his behalf in March 2001. Under the old rules for labor certifications an employer could make corrections and additions to the application in cooperation with the Department of Labor. Juan’s employer followed all the rules in existence at the time. Originally, the employer required a minimum of a high school education but subsequently changed the requirement to “no education or experience required.” The labor certification application was certified and Juan’s employer filed the Immigrant Petition with USCIS.
USCIS denied the Immigration Petition arguing that Juan did not qualify for the position because he did not have a high school education. Shelley Grant, Esq. immediately filed an appeal with the Administrative Appeals Office (AAO) arguing that USCIS was incorrect in their assessment of the documentation. She detailed the whole history of the labor certification process, attached numerous exhibits and explained how the employer, counsel and the Department of Labor worked together to amend the original application. The AAO agreed with Ms. Grant and sustained the appeal.
It was critical to Juan’s family to win the appeal because this 2001 labor certification gave the family their section 245(i) protection which allowed them to adjust their status in the United States. The family was then interviewed by USCIS and their green cards were approved.