Operations Research Analyst

The appeal was dismissed because the Petitioner failed to establish that the Beneficiary possessed the 36 months of experience in the job offered as required by the labor certification. The record did not resolve discrepancies regarding the Beneficiary's employment history, and the prior experience cited was not in the specific real estate field required by the job duties. Consequently, the Beneficiary did not meet the minimum qualifications for the skilled worker classification.

The motion to reopen was dismissed because the Petitioner failed to present new facts or evidence demonstrating that the Administrative Appeals Office (AAO) erred in its prior decision. The new version of the DOL ETA-9089 (2023) was deemed irrelevant as eligibility is assessed at the time of filing (July 2022), and the original certification explicitly disallowed alternate occupations. The Petitioner's resubmitted letter, which acknowledged the intern position was not substantially comparable, did not constitute new evidence as it was already submitted and considered.

The appeal was dismissed because the Petitioner did not provide independent, objective evidence to resolve discrepancies in the Beneficiary's work history. The record lacked sufficient documentation to prove the 60-month experience requirement mandated by the labor certification. Specifically, the evidence provided for the Beneficiary's tenure as a systems analyst was deemed inconsistent and lacked probative value.