sustained EB-2 Case: Information Technology

U.S. Citizenship 
and Immigration 
Services 
In Re : 18185368 
Appeal of Nebraska Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: AUG. 31 , 2022 
Form I-140, Immigrant Petition for an Advanced Degree Professional 
The Petitioner, an information technology company, seeks to employ the Beneficiary as a "technical 
architect." It requests classification of the Beneficiary as a member of the professions holding an 
advanced degree under the second preference immigrant category. Immigration and Nationality Act (the 
Act) section 203(b )(2), 8 U.S.C. § 1153(b)(2). This employment-based "EB-2" immigrant classification 
allows a U.S. employer to sponsor a professional with an advanced degree for lawful permanent 
resident status . 
The petition was initially approved, but the approval was subsequently revoked by the Director of the 
Nebraska Service Center. The Director determined that certain language in H.14 of the labor 
certification exceeded the "Kellogg language" and altered the minimum requirements of the labor 
certification in a way that could potentially allow a beneficiary to qualify for the job offered with less 
than a master's degree or a bachelor's degree and five years of postgraduate experience in the 
specialty, and thus did not support the requested classification of advanced degree professional. 1 
On appeal the Petitioner provides supporting evidence and an appeal brief asserting that the language 
does not alter the minimum requirements specified on its labor certification , which is consistent with 
the petition's classification request of advanced degree professional. 
Upon de nova review of the evidence and arguments made on appeal , we conclude that the Petitioner 
has overcome the basis for revocation and we will therefore sustain the appeal. 
1 Theregulationat20 C.F.R. § 656.l 7(h)(4)(ii)states : 
If the alien beneficiary already is employed by the employer , and the alien does not meet the primary 
job requirements and only potentially qualifies for the job by virtue of the employer 's alternative 
requirements, certification will be denied unless the application states that any suitable combination of 
education, training, or experience is acceptable. 
This regulation was intended to incorporate the Board of Alien Labor Certification Appeals (BALCA) ruling in Francis 
Kellogg , 1994-INA-465 and 544, 1995-INA 68 (Feb. 2, 1998) (en bane). The statement on the laborcertificationthatan 
employer will accept applicants with "any suitable combination of education, trainingorexperience"is commonlyrefened 
to as "Kellogg language ." 
ORDER: The appeal is sustained. 
2