Administrative Appeals Office (AAO) disagreed with Texas Service center in a recent case where a MBBS (Bachelor of Medicine and Bachelor of Surgery) – A baccalaureate medicine degree for Indian graduate doctor was denied I-140 employer petition. The basis for I-140 rejection is that MBBS case is filed for Greencard as the EB-2 category which is advanced degree.
USCIS rates MBBS as EB-3 category. AAO reasoned that MBBS degrees should not be considered as EB3 employment based category. This is good news for all MBBS degree holders that their Green Card filings can be now filed under EB2 category. This will help the Indian doctors expedite their GC process.
Here is IndiaPost detailed news –
Interestingly, the AAO also reminded the TSC that the job requirements in the labor certification must be interpreted in the plain language of the labor certification. The AAO further opined that “USCIS cannot and should not reasonably be expected to look beyond the plain language of the labor certification that DOL has formally issued or otherwise attempt to divine the employer’s intentions through some sort of reverse engineering of the labor certification.”
Also look – Norman Regional Hospital, SRC 198 51124 (AAO January 09 2009), available at http://www.ilw.com/immigdaily/cases/2009,0114-norman.pdf