dismissed EB-2 Case: Information Technology

U.S. Citizenship 
and Immigration 
Services 
MATTER OF B-A-, INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: OCT. 4, 2017 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a tire manufacturing business, seeks to employ the Beneficiary as a senior systems 
developer. It requests classification of the Beneficiary as a member of the professions holding an 
advanced degree under the second preference (EB-2) immigrant classification. See Immigration and 
Nationality Act (the Act) section 203(b)(2), 8 U.S.C. § 1153(b)(2). This employment-based 
immigrant classification allows a U.S. employer to sponsor a professional with an advanced degree for 
lawful permanent resident status. 
The Director of the Nebraska Service Center denied the petition, concluding that the Beneficiary did 
not meet the experience requirements of the labor certification or the EB-2 classification. 
On appeal, the Petitioner asserts that the Beneficiary's education and experience satisfies the 
requirements of the labor certification and the EB-2 advanced degree professional classification. 
Upon de novo review, we will dismiss the appeal. 
I. LAW 
Employment-based immigration generally follows a three-step process. First, an employer obtains 
an approved labor certification from the U.S. Department of Labor (DOL). 1 See section 
212(a)(S)(A)(i) of the Act, 8 U.S.C. § 1182(a)(S)(A)(i). By approving the labor certification. DOL 
certifies that there are insufficient U.S. workers who are able, willing, qualified, and available for the 
offered position and that employing a foreign national in the position will not adversely atTect the wages 
and working conditions of domestic workers similarly employed. Section 212(a)(5)(A)(i)(l)-(ll) of the 
Act. Second, the employer files an immigrant visa petition with U.S. Citizenship and Immigration 
Services (USCIS). See section 204 of the Act, 8 U .S.C. § 1154. Third, if US CIS approves the 
petition, the foreign national applies for an immigrant visa abroad or, if eligible, adjustment of status 
in the United States. See section 245 ofthe Act, 8 U.S.C. § 1255. 
To qualify for EB-2 classification, a beneficiary must possess an advanced degree. 8 C.F.R. 
§ 204.5(k)(3). The regulations define the term "advanced degree'' as ""[a]ny United States academic 
1 The date the labor certification is filed, in cases such as this one, is called the ''priority date.'' 
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Matter of B-A-, Inc. 
or professional degree or a foreign equivalent degree above that of baccalaureate. A United States 
baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive 
experience in the specialty shall be considered the equivalent of a master"s degree.H 8 C.F.R. 
§ 204.5(k)(2). 
In addition, to be eligible for approval, a beneficiary must also have all the education, training, and 
experience specified on the labor certification as of the petition's priority date. See Matter of WinK ·s 
Tea House, 16 I&N 158 (Acting Reg'l Comm'r 1977). 
II. ANALYSIS 
The petition is accompanied by an approved labor certification, certified by the DOL. See 8 C.F.R. 
§ 204.5(a)(2). Section H of the labor certification states that the offered position requires a 
bachelor's degree in computer science or information technology and 60 months of experience in 
information technology. No alternate combination of education and experience is permitted. 
The record contains a copy of the Beneficiary's diplomas from India: a bachelor of commerce 
diploma from awarded in May 2010, and a master's degree m 
information technology diploma from awarded in December 2016. 
The record also contains an evaluation of the Beneficiary's educational credentials from 
with the who concludes that the Beneficiary's 
master's degree, in conjunction with his bachelor's degree, is ''the equivalent of a bachelor's degree 
in information technology and a master's degree in information technology from a regionally 
accredited college or university in the United States." does not state that the 
Beneficiary's three-year bachelor of commerce degree alone represents the equivalent of a U.S. 
bachelor's degree in information technology. Rather, finds that the three-year bachelor 
of commerce degree is equivalent to three years of university study in the U.S. relies on 
the combination of the Beneficiary's three-year bachelor's degree and two-year master's degree to 
find that the Beneficiary has the equivalent of a bachelor and master's degree in information 
technology. 
USCIS may, in its discretion, use as advisory opinions statements submitted as expert testimony. 
However, where an opinion is not in accord with other information or is in any way questionable, 
USCIS is not required to accept or may give less weight to that evidence. Matter of Caron 
International, 19 I&N Dec. 791 (Comm. 1988); see also Matter (~f D-R-, 25 I&N Dec. 445 (BIA 
2011) (expert witness testimony may be given different weight depending on the extent of the 
expert's qualifications or the relevance, reliability, and probative value of the testimony). As noted 
by the Director, US CIS reviews information from the American Association of Collegiate Registrars 
and Admissions Officers (AACRAO) Electronic Database for Global Education (EDGE) 2 when 
2 AACRAO is "a nonprofit, voluntary, professional association of more than I I ,000 higher education professionals who 
represent approximately 2,600 institutions in over 40 countries.'' http://www4.aacrao.org/centennial/about.htm (last 
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Matter of B-A-. Inc. 
evaluating degree equivalencies. EDGE states that the Beneficiary's three-year bachelor of 
commerce degree is comparable to three years of university study in the United States, the same 
conclusion offered by the submitted credential evaluation As such, the Petitioner has not established 
that the Beneficiary's bachelor of commerce degree is the foreign equivalent of a U.S. bachelor's 
degree in information technology. 
Concerning the Beneficiary's master's degree, the credential evaluator concludes that the foreign 
master's degree is equivalent to both a U.S. bachelor's degree and a U.S. master's degree. As noted 
above, the same credential evaluator found the Beneficiary's three-year bachelor's degree to be 
equivalent only to three years of university study. It is unclear how the evaluator then equates the 
two-year master's degree program, following three years of university study. to a U.S. master's 
degree. The credential evaluator does not discuss the courses taken, the credits earned, or the 
methodology used to reach the conclusion. Also, contrary to the evaluator's assertions, EDGE states 
that a two-year master's degree following a three-year bachelor's degree from India is equivalent 
only to a U.S. bachelor's degree. 3 Therefore, we find the Beneficiary's master's degree equivalent 
to a U.S. bachelor's degree. Because the Beneficiary possesses the equivalent of a U.S. bachelor's 
degree, he meets the minimum education requirements of the position and classification. However. 
as the Beneficiary was awarded the equivalent of a bachelor's degree only 33 days before the 
priority date of the petition, the Beneficiary could not possess the five years of post-baccalaureate 
experience required to meet the terms of the labor certification or to establish his possession of the 
equivalent of an advanced degree.4 
III. CONCLUSION 
The Petitioner has not established that the Beneficiary meets the experience requirements of the 
offered position set forth on the labor certification, or that he possesses an advanced degree as 
required for the EB-2 classification. 
ORDER: The appeal is dismissed. 
Cite as Matter o(B-A-. Inc., ID# 799210 (AAO Oct. 4, 2017) 
visited Jun. 28, 20 17). According to its registration page, EDGE is "a web-based resource for the evaluation of foreign 
educational credentials.'' http://edge.aacrao.org/info.php (last visited Sep. 19, 20 17). 
3 Courts have supported our reliance on the information provided by EDGE. See Confluence lnt 'f. Inc. v. Holder. 2009 
WL 825793 (D. Minn. Mar. 27, 2009)(finding that we provided a rational explanation for reliance on information 
provided by AACRAO to support our decision), see also Sunshine Rehab Services, Inc., 2010 WL 3325442 (E.D.Mich. 
Aug. 20, 2010) (concluding that USCIS was entitled to prefer the information in EDGE and did not abuse its discretion 
in reaching its conclusion based on this information). 
4 In order to qualify for advanced degree professional classification, a beneficiary must possess an advanced degree or 
the equivalent of an advanced degree. "A United States baccalaureate degree or a foreign equivalent degree followed by 
at least five years of progressive experience in the specialty shall be considered the equivalent of a master· s degree." 
8 C.F.R. § 204.5(k)(2). 
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