sustained EB-2 Case: Information Technology

(b)(6)
DATE: MAY 2 6 2015 
INRE: Petitioner: 
Beneficiary: 
FILE: 
U.S. Department of Homeland Security 
U.S. Citizenship and Immigration Service� 
Administrative Appeals Office (AAO) 
20 Massachusetts Ave., N.W., MS 2090 
Washington, DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
PETITION RECEIPT: 
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. § 1153(b)(2) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
Enclosed is the non-precedent decision of the Administrative Appeals Office (AAO) for your case. All 
documents have been returned to the office that originally decided your case. Any further inquiry must be 
made to that office_ 
Thank you, 
#v({y/ Ron Rosenberg 
Chief, Administrative Appeals Office 
www.uscis.gov 
(b)(6)
NON-PRECEDENT DECISION 
Page 2 
DISCUSSION: The Director, Texas Service Center, (director) denied the employment-based visa 
petition. The matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal 
will be sustained. 
The petitioner describes itself as a provider of "IT solutions for hospitality industry." It seeks to 
employ the beneficiary permanently in the United States as a senior developer. The petitioner 
requests classification of the beneficiary as an advanced degree professional pursuant to section 
203(b )(2) of the Imm igratio n and Nationality Act (the Act), 8 U.S.C. § 1153(b )(2).1 The petition is 
accompanied by an ETA Form 9089, Application for Permanent Employment Certification certified 
by the U.S. Department of Labor (DOL) with a priority date of November 29, 2012. The director 
determined that the petitioner failed to demonstrate that the beneficiary satisfied the minimum 
experience stated on the labor certification as of the priority date. The director denied the petition on 
May 7, 2014. 
We conduct appellate review on a de novo basis. See Soltane v. DOl, 381 P.3d 143, 145 (3d Cir. 
2004). 
Section 203(b)(2) of the Act, 8 U.S.C. § 1153(b)(2), provides immigrant classification to members of 
the professions holding advanced degrees. See also 8 C.P.R.§ 204.5(k)(1). 
The regulation at 8 C.P.R. § 204.5(k)(2) defines the terms "advanced degree" and "profession." An 
"advanced degree" is defined as: 
[A]ny United States academic 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. If a doctoral degree 
is customarily required by the specialty, the alien must have a United States doctorate 
or a foreign equivalent degree 
A "profession" is defined as "one of the occ upations 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." The occupations listed at section 101(a)(32) of 
the Act are "architects, engineers, lawyers, physicians, surgeons, and teachers in elementary or 
secondary schools, colleges, academies, or seminaries." 
The regulation at 8 C.P.R. § 204.5(k)(3)(i) states that a petition for an advanced degree professional 
must be accompanied by: 
(A) An official academic record showing that the alien has a United States advanced 
degree or a foreign equivalent degree; or 
1 Section 203(b)(2) of the Act provides immigrant classification to members of the professions holding advanced degrees, 
whose services are sought by an employer in the United States. 
(b)(6)
Page 3 
NON-PRECEDENT DECISION 
(B) An official academic record showing that the alien has a United States 
baccalaureate degree or a foreign equivalent degree, and evidence in the form of 
letters from current or former employer(s) showing that the alien has at least five 
years of progressive post -baccalaureate experience in the specialty. 
In addition, the job offer portion of the labor certification must require a professional holding an 
advanced degree. See 8 C.P.R.§ 204.5(k)(4)(i). 
Therefore, an advanced degree professional petition must establish that the beneficiary is a member of 
the professions holding an advanced degree, and that the offered position requires, at a minimum, a 
professional holding an advanced degree. Further, an "advanced degree" is a U.S. academic or 
professional degree (or a foreign equivalent degree) above a baccalaureate, or a U.S. baccalaureate (or a 
foreign equivalent degree) followed by at least five years of progressive experience in the specialty. 
To be eligible for approval, a beneficiary must have all the education, training, and experience specified 
on the labor certification as of the petition's priority date. See Matter of Wing's Tea House, 16 I&N 
158 (Act. Reg. Comm. 1977). The priority date of the petition is November 29, 2012, which is the 
date the labor certification was accepted for processing by the DOL. See 8 C.P.R. § 204.5( d). The 
Immigrant Petition for Alien Worker (Form I-140) was filed on March 7, 2014. 
Upon review of the entire record, including evidence submitted on appeal, we conclude that the 
petitioner has established that it is more likely than not that the beneficiary had all the education, 
training, and experience specified on the ETA Form 9089 as of the date the current labor certification 
was filed, November 29, 2012. We further conclude that the terms of the labor certification allow for 
classification as an advanced degree professional. The beneficiary may be classified as an advanced 
degree professional because he has earned at least a bachelor1S degree or foreign equivalent degree 
from a college or university plus at least five years of experience and his credentials match the terms 
of the labor certification. Accordingly, the petition is approved under section 203(b)(2) or the Act, 
8 u.s.c. § 1153(b)(2). 
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 appeal is sustained, and the petition is approved.