Kevin Keane

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Home All FAQs Working Visas Employment-based GC During my Labor Certification, another applicant showed up who meets all the formal qualifications. But I am the far better qualified candidate. Can I still get the Labor Certification?

During my Labor Certification, another applicant showed up who meets all the formal qualifications. But I am the far better qualified candidate. Can I still get the Labor Certification?

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No, unless you are a University teacher. In all other professions, the American candidate who is just minimally sufficiently qualified has to be hired over a better-qualified foreign applicant. For this reason, it is important to carefully write the job description.

Universities are allowed to hire the best qualified applicant, for teaching or research positions, though.

 

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