sustained EB-2 Case: Computer Science

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. 3000 
Washington, DC 20529-2090 
identifying data deleted to 
pnvent clearly unwmanted 
invasion of persona! privacy 
U.S. Citizenship 
and Immigration 
Date: 
 AUG 0 5 2009 
SRC 09 191 50345 
PETITION: 
 Immigrant Petition for Alien Worker as a Member of the Professions Holding an Advanced 
Degree or an Alien of Exceptional Ability Pursuant to Section 203(b)(2) of the Immigration 
and Nationality Act, 8 U.S.C. 8 1 153(b)(2) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Office in your case. All documents have been returned to 
the office that originally decided your case. Any further inquiry must be made to that office. 
If you believe the law was inappropriately applied or you have additional information that you wish to have 
considered, you may file a motion to reconsider or a motion to reopen. Please refer to 8 C.F.R. 8 103.5 for 
the specific requirements. All motions must be submitted to the office that originally decided your case by 
filing a Form I-290B, Notice of Appeal or Motion, with a fee of $585. Any motion must be filed within 30 
days of the decision that the motion seeks to reconsider or reopen, as required by 8 C.F.R. § 103.5(a)(l)(i). 
John F. Grissom, ~ctin/~/Chief 
Administrative Appeals Office 
Page 2 
DISCUSSION: The Director, Texas Service Center, denied the employment-based immigrant visa 
petition. The petitioner appealed the decision. Treating the appeal as a motion to reconsider, the 
director withdrew the denial, approved the petition, and certified the approval to the Administrative 
Appeals Office (AAO). The director's decision will be affirmed. The petition will be approved. 
The petitioner claims to provide healthcare management services. It seeks to employ the beneficiary 
permanently in the United States as an application developer. The petitioner requests classification 
of the beneficiary as a member of the professions holding an advanced degree pursuant to section 
203(b)(2) of the Immigration and Nationality Act (the Act), 8 U.S.C. $ 1153(b)(2). As required by 8 
C.F.R. $ 204.5(k)(4), the petition is accompanied by an ETA Form 9089, Application for Alien 
Employment Certification (labor certification), certified by the Department of Labor (DOL). 
In initially denying the petition, the director determined that the beneficiary did not satisfy the 
minimum level of education stated on the labor certification. On appeal, counsel claimed that the 
director erroneously applied the third employment-based preference classification and failed to 
consider the beneficiary's master's degree. The director treated the appeal as a motion to reconsider 
pursuant to 8 C.F.R. 5 103.3(a)(2)(iii). On June 10, 2009, the director withdrew its denial and 
approved the petition. The director found that the beneficiary possessed the foreign equivalent of a 
U.S. master's degree and therefore qualified for the job offered as a member of the professions 
holding an advanced degree pursuant to section 203(b)(2) of the Act. The director also certified the 
approval to the AAO pursuant to 8 C.F.R. 5 103.4(a) to address the issue of whether the beneficiary's 
master's degree is the foreign equivalent of a U.S. master's degree. 
Certifications by regional service center directors may be made to the AAO "when a case involves 
an unusually complex or novel issue of law or fact." 8 C.F.R. 5 103.4(a)(l). The regulation at 
8 C.F.R. 5 103.4(a)(4) states: "Initial decision. A case within the appellate jurisdiction of the 
Associate Commissioner, Examinations, or for which there is no appeal procedure may be certified 
only after an initial decision." The following subsection of that same regulation states as follows: 
"CertEfication to [AAO]. A case described in paragraph (a)(4) of this section may be certified to the 
[AAO]." 8 C.F.R. $ 103.4(a)(5). 
The AAO's jurisdiction is limited to the authority specifically granted to it by the Secretary of the 
United States Department of Homeland Security. See DHS Delegation No. 0150.1 (effective March 
1, 2003); see also 8 C.F.R. $ 2.1 (2005 ed.). Pursuant to that delegation, the AAO's jurisdiction is 
limited to those matters described at 8 C.F.R. $ 103.l(f)(3)(iii) (as in effect on February 28, 2003). 
See DHS Delegation Number 0150.1 (U) supra; 8 C.F.R. $ 103.3(a)(iv) (2005 ed.). 
The regulation at 8 C.F.R. 5 103.l(f)(3)(iii) (as in effect on February 28,2003) states: 
(iii) Appellate Authorities. In addition, the Associate Commissioner for Examinations 
exercises appellate jurisdiction over decisions on; 
(B) Petitions for immigrant visa classification based on employment or as a special 
immigrant or entrepreneur under Secs. 204.5 and 204.6 of this chapter except when 
the denial of the petition is based upon lack of a certification by the Secretary of 
Labor under section 212(a)(5)(A) of the Act; 
Pursuant to the delegation cited above, the AAO exercises the appellate jurisdiction formerly 
exercised by the Associate Commissioner for Examinations. 
In the instant case, the petition was approved by the director, therefore the decision does not fall 
within the exception clause in subparagraph (B) in the regulation quoted above, which pertains only 
to a denial based upon a lack of a certification by the Secretary of Labor. The approval decision 
therefore is within the appellate jurisdiction of the AAO. Therefore, the certification of the denial 
decision is authorized by the regulation at 8 C.F.R. 5 103.4(a)(5). 
On the petition, the petitioner claimed to have been established in 1974, to have a gross annual 
income of $71.6 billion, and to employ 55,000 workers. 
The priority date of the instant petition is June 1,2007, the date the labor certification was filed with 
the DOL. The proffered wage stated on the labor certification is $61,714.00 per year. The labor 
certification states that the position requires, inter alia, a master's degree in computer science, 
computer applications or related field, and two years of experience as an application developer, 
junior programmer analyst, programmer analyst, or related occupation. On the labor certification, 
signed by the beneficiary on June 13,2007, the beneficiary claimed to have worked for the petitioner 
since December 24,2006. 
The primary issue is whether the beneficiary's three-year master's degree, which followed the 
completion of a three-year bachelor's degree, is the foreign equivalent of a U.S. master's degree. 
This issue is relevant to the determination of whether the beneficiary is eligible for the employment- 
based immigrant visa classification sought, and to whether the beneficiary satisfies the minimum 
requirements of the job offered as set forth in the labor certification. 
Whether the Beneficiary is Eligible for Classification as a Member of the Professions Holding an 
Advanced Degree 
The petition seeks to classify the beneficiary as a member of the professions holding an advanced 
degree. Section 203(b) of the Act states: 
(2) Aliens Who Are Members of the Professions Holding Advanced Degrees or 
Aliens of Exceptional Ability. -- 
(A) In General. -- Visas shall be made available . . . to qualified 
immigrants who are members of the professions holding advanced 
degrees or their equivalent or who because of their exceptional ability 
in the sciences, arts, or business, will substantially benefit 
prospectively the national economy, cultural or educational interests, or 
welfare of the United States, and whose services in the sciences, arts, 
professions, or business are sought by an employer in the United 
States. 
In order to obtain an approval of the advanced degree professional petition, the petitioner must 
establish that the offered position requires a member of professions holding an advanced degree, and 
that the beneficiary possesses an advanced degree. 
Whether the Position Requires a Member of the Professions Holding an Advanced Degree 
The regulation at 8 C.F.R. 8 204.5(k)(4) states that, in order to establish that the offered position 
qualifies for the requested immigrant classification, "[tlhe job offer portion of the individual labor 
certification . . . must demonstrate that the job requires a professional holding an advanced degree or the 
equivalent." If the job itself does not require an advanced degree professional, the petition must be 
denied. 
The regulation at 8 C.F.R. § 204.5(k)(2), defines "advanced degree" as either a "United States 
academic or professional degree or a foreign equivalent degree above that of baccalaureate." The 
regulation further states that 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." Id. 
The same regulation defines "profession" as "one of the occupations listed in section 101 (a)(32) of the 
Act, as well as any occupation for which a United States baccalaureate degree or its foreign equivalent 
is the minimum requirement for entry into the occupation." Id. Section 101 (a)(32) of the Act states 
that the term "profession" includes, but is not limited to, "architects, engineers, lawyers, physicians, 
surgeons, and teachers in elementary or secondary schools, colleges, academies, or seminaries." 
Accordingly, as required by 8 C.F.R. 8 204.5(k)(4), U.S. Citizenship and Immigration Services 
(USCIS) will look to the labor certification to determine whether the offered position requires both 
an individual with an advanced degree and a member of the professions. 
Part H of the labor certification describes the minimum education, training and experience required 
to perform the duties of the job offered. In the instant case, the labor certification states that the job 
offered requires a master's degree in computer science, computer applications, or related field. 
Accordingly, the position requires an individual with an advanced degree. 
The offered position also requires a member of the professions. An application developer is not one 
of the occupations listed at Section 101(a)(32) of the Act. Therefore, the analysis of whether the job 
requires a professional is based on whether a bachelor's degree is the minimum requirement for entry 
into the occupation. See 8 C.F.R. $204.5(k)(2). Further, USCIS will also determine whether a 
baccalaureate degree in a specific field is required for entry into that particular profession, and, if so, 
whether the labor certification requires such a degree. 
Page 5 
On the labor certification, the offered position was assigned the Standard Occupational Classification 
code 15-1 03 1, Computer Sohare Engineers, Applications. The O*NET online database' states that 
the occupation of Computer Software Engineers, Applications falls within Job Zone   our.* 
According to O*NET, most of occupations in Job Zone Four require a four-year bachelor's degree. 
Further, the entry for Computer Software Engineers in the Occupational Outlook Handbook (OOH) 
states:' 
Most employers prefer applicants who have at least a bachelor's degree and broad 
knowledge of, and experience with, a variety of computer systems and technologies. 
The usual college major for applications software engineers is computer science or 
software engineering. Systems software engineers often study computer science or 
computer information systems. Graduate degrees are preferred for some of the more 
complex jobs. In 2006, about 80 percent of workers had a bachelor's degree or higher. 
Academic programs in software engineering may offer the program as a degree option 
or in conjunction with computer science degrees. Because of increasing emphasis on 
computer security, software engineers with advanced degrees in areas such as 
mathematics and systems design will be sought after by software developers, 
government agencies, and consulting firms. 
Therefore, the job offered requires a bachelor's degree as the minimum requirement for entry into the 
occupation, and the relevant fields of study required for entry into the occupation corresponds with 
the required fields of study set forth in the labor certification. 
It is concluded that the petitioner has established that the job offered requires a member of the 
professions holding an advanced degree. 
'O*NET, located at http://online.onetcenter.org, is described as "the nation's primary source of 
occupational information, providing comprehensive information on key attributes and characteristics 
of workers and occupations." 
2 
Summary Report for 15- 103 1 .OO at http://online.onetcenter.org/link/summaryll5-103 1 .OO (accessed 
July 10,2009). 
'~ccessed at www.bls.gov/oco/ocos267.htm on June 16, 2009. The OOH is a nationally recognized 
source of career information published by the DOCS Bureau of Labor Statistics. 
Page 6 
Whether the Beneficiary is a Member of the Professions Holding an Advanced Degree 
The petitioner must also establish that the beneficiary possesses an advanced degree or a 
baccalaureate degree followed by at least five years of progressive experience in the specialty. See 
8 C.F.R. 5 204.5(k)(4). 
The issue in this case is whether the beneficiary's three-year master's degree from India, which 
follows a three-year bachelor's degree from India, is individually the foreign equivalent of a U.S. 
master's degree. 
The evidence in the record of proceeding includes the diploma and transcript for the beneficiary's 
three-year master of computer applications degree from Bharathidasan University, India, and his 
three-year bachelor of science degree from Nagarjuna University, India. The transcripts indicate that 
the beneficiary's master's degree was based on full-time course of study, i.e., this was not a two-year 
master's degree obtained over the course of three years. The record also includes an academic 
equivalency evaluation from f of The Trustforte Corporation. The evaluation 
states that the beneficiary's master o computer applications degree is equivalent to a master of 
- - 
computer science from an accredited U.S. college or university. 
USCIS uses an evaluation of a person's foreign educational credentials as an advisory opinion only. 
Where an evaluation is not in accord with previous equivalencies or is in any way questionable, it 
may be discounted or given less weight. Matter of Sea, Inc., 19 I&N Dec. 8 17 (Comm. 1988). 
However, where the evaluator's 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). In the instant case, there is no reason to 
question the validity of the submitted e~aluation.~ 
In determining whether the beneficiary's master's degree is individually a foreign equivalent degree, 
the AAO has also consulted the Electronic Database for Global Education (EDGE) created by the 
American Association of Collegiate Registrars and Admissions Officers (AACRAO). EDGE 
provides another source to consider in the evaluation of foreign credential equivalencies. AACRAO, 
according to its website at www.aacrao.org, is "a nonprofit, voluntary, professional association of 
more than 10,000 higher education admissions and registration professionals who represent 
 h he record also contains an academic credentials evaluation by of Morningside 
Evaluations and Consulting. The evaluation states that the beneficiary's master's degree is the 
equivalent of a master's degree in computer science from an accredited institution-of hi her 
education in the United States. This evaluation is rejected as incompetent evidence. d 
does not have the authority to grant academic credit. In December 2001, USCIS received 
correspondence from - Assistant Vice President and Special Counsel to the 
President, Queens College. 1- letter stated that did not have the 
authority to grant college-level credit for foreign university studies. Where an evaluation is in any 
way questionable, it may be discounted or given less weight. Matter of Sea, Inc., 19 I&N Dec. 8 17. 
Page 7 
approximately 2,500 institutions in more than 30 countries." Its mission "is to provide professional 
development, guidelines and voluntary standards to be used by higher education officials regarding 
the best practices in records management, admissions, enrollment management, administrative 
information technology and student services." According to the registration page for EDGE at 
http://aacraoedge.aacrao.org/register/index/php, EDGE is "a web-based resource for the evaluation 
of foreign educational credentials." 
Authors for EDGE are not merely expressing their personal opinions. Rather, authors for EDGE 
must work with a publication consultant and a Council Liaison, and their opinions are subject to 
final review and approval by AACRAO's National Council on the Evaluation of Foreign Educational 
credentials5 
The record contains evidence that the beneficiary obtained a master of computer applications. 
EDGE provides that a master of computer applications degree from India is "[alwarded upon 
completion of three years of study beyond the three-year bachelor's degree," and "represents 
attainment of a level of education comparable to a master's degree in the United ~tates."~ 
Accordingly, based on a review of the beneficiary's credentials, the submitted academic evaluation, 
and EDGE, it is concluded that the beneficiary's three-year master of computer applications degree 
from Bharathidasan University is equivalent to a U.S. master's degree. 
Whether the Beneficiary Meets the Requirements of the Offered Position 
The petitioner must also establish that, as of the priority date, the beneficiary had the qualifications 
stated on the labor certification. 8 C.F.R. 5 103.2(b)(l), (12). See Matter of Wing's Tea House, 16 
I&N Dec. 158 (Act. Reg. Comm. 1977); see also Matter of Katigbak, 14 I. & N. Dec. 45, 49 (Reg. 
Comm. 1971). 
This determination is the responsibility of USCIS. 
 See Tongatapu Woodcraft Hawaii, Ltd. v. 
Feldman, 736 F. 2d 1305, 1309 (9th Cir. 1984); Madany v. Smith, 696 F.2d 1008, 1012-13 (D.C. Cir. 
1983). The DOL is responsible for determining the availability of suitable U.S. workers for a job 
and the impact of alien employment upon the domestic labor market. K.R.K. Irvine, Inc. v. Landon, 
699 F.2d 1006, 1008 (9" Cir. 1983). The DOL7s role does not extend to determining if the alien is 
qualified for the job offered. Id. 
In evaluating the beneficiary's qualifications, USCIS must look to the job offer portion of the labor 
certification to determine the required qualifications for the position. USCIS may not ignore a term 
5 
See An Author's Guide to Creating AACRAO International Publications, 5-6 (First ed. 2005), at 
www.aacrao.org/publications/guide~to~creating - internationalgublications.pdf. 
6http://aacraoedge.aacrao.orgicredentials~dvice.php?count~d=99&credentia=l 680 (accessed 
July 13,2009). 
of the labor certification, nor may it impose additional requirements. See Matter of Silver Dragon 
Chinese Restaurant, 19 I&N Dec. 401,406 (Comm. 1986); see also Madany, 696 F.2d at 101 5. 
Part H of the labor certification states the requirements of the job offered, which is set forth below: 
Minimum level of education: master's degree 
Major field of study: computer science 
Alternate fields of study: computer applications or related field 
Training required: no 
Experience in job offered required: no 
Experience in alternate occupation: 12 months as an application developer, junior 
programmer analyst, programmer analyst, or related occupation 
Alternate combination of education and experience accepted: no 
Foreign educational equivalent acceptable: yes 
Specific skills: demonstrated ability with application development using C#, VB.Net and 
ASP.Net in .Net 2:O; experience developing stored procedures in a SQL database; creation 
and maintenance of Insight and PROS application software; and development of reports 
using SQL Reporting Services. 
As discussed supra, the beneficiary possesses the foreign equivalent of a U.S. master's degree in 
computer science. The record also contains letters from the beneficiary's prior employers. These 
letters establish that it is more likely than not that the beneficiary had at least 12 months experience 
as an application developer, junior programmer analyst, programmer analyst, or related occupation, 
and that he possessed the required specific skills listed on the labor certification. 
In summary, the beneficiary's three-year master's degree from India is individually the foreign 
equivalent of a United States master's degree. Therefore, the beneficiary qualifies for preference 
visa classification under section 203(b)(2) of the Act. In addition, the beneficiary meets the job 
requirements on the labor certification. 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 
8 U.S.C. $ 1361. The petitioner has met that burden. 
ORDER: The director's decision in the notice of certification is affirmed. The petition is approved.