sustained EB-2 Case: Systems Engineering

(b)(6)
DATE : SEP 2 5 2014 OFFICE: NEBRASKA SERVICE CENTER 
INRE: Petitioner: 
Beneficiary: 
U.S. Depart~ent ofHqqteland Security 
U.S. Citizenship and Immigration Services 
Administrativ e Appeals Office (AAO) 
20 Massachusetts Ave., N.W., MS 2090 
Washington, DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
FILE: 
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: 
This is a non-precedent decision. The AAO does not announce new constructions of law nor establish agency 
policy through non-precedent decisions. Enclosed please find the decision of the Administrative Appeals 
Office in your case. All of the documents related to this matter have been returned to the office that originally 
decided your case. Please be advised that any further inquiry that you might have concerning your case must 
be made to that office. 
Thank you, 
/:~~fly ~&Roserioerg 
. Chief, Administrative Appeals Office 
www.uscis.gov 
(b)(6)
NON-PRECEDENT DECISION 
Page 2 
DISCUSSION: The preference visa petition was denied by the Director , Nebraska Service Center, 
and is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be 
sustained. 
The petitioner describes itself as a provider of networking services and solutions. It seeks to employ 
the beneficiary permanently in the United States as a consulting systems engineer. The petitioner 
requests classification of the beneficiary as an advanced degree professional pursuant to section 
203(b)(2) of the Immigration and Nationality Act (the Act), 8 U.S.C. § 1153(b)(2). 1 The director 
determined that the petitioner failed to demonstrate that the position requires an advanced degree 
professional. The director denied the petition on July 8, 2013. 
We conduct appellate review on a de novo basis. See Soltane v . DOJ, 381 F.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 
ofthe professions holding advanced degrees. See also 8 C.P.R. § 204.5(k)(l). 
The regulation at 8 C.P.R. § 204.5(k)(2) defmes 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 defmed as "one ofthe 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." 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 ." 
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 September 11, 
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 January 18, 2013. 
Upon review of the entire record, including evidence submitted on appeal, in response to our Notice 
of Intent to Dismiss and Request for Evidence, and our subsequent Supplemental Request for 
Evidence, 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 
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)
NON-PRECEDENT DECISION 
Page 3 
priority date. 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 bachelor's 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.