dismissed EB-3 Case: Accounting

U.S. Citizenship Non-Precedent Decision of the
and Immigration Administrative Appeals Office 
Services 
In Re : 23100801 Date : MAY 10, 2023 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (Professional) 
The Petitioner, a digital design development company, seeks to employ the Beneficiary as an 
accounting officer . It requests classification of the Beneficiary as a professional under the third 
preference immigrant classification . See Immigration and Nationality Act (the Act), section 
203(b )(3)(A)(ii), 8 U.S.C. § l 153(b )(3)(A)(ii). This employment-based immigrant classification 
allows a U.S . employer to sponsor a professional with a baccalaureate degree for lawful permanent 
resident status. 
The Director of the Texas Service Center denied the petition, concluding that the labor certification 
does not support the requested professional classification . The matter is now before us on appeal. 
8 C .F.R. § 103.3. 
The Petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence . 
Matter ofChawathe, 25 l&N Dec. 369, 375-76 (AAO 2010). We review the questions in this matter 
de novo. Matter of Christo 's, Inc., 26 I&N Dec. 537 , 537 n.2 (AAO 2015). 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)(5)(A)(i) 
of the Act, 8 U.S.C . § 1182(a)(5)(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 noncitizen in the position will not adversely affect the wages and working 
conditions of domestic workers similarly employed. See section 212(a)(5)(A)(i)(I)-(11) of the 
Act. Second, the employer files an immigrant visa petition with U.S. Citizenship and Immigration 
Services (USCIS) with the certified labor certification. See section 204 of the Act, 8 U.S.C. 
§ 1154. Third, ifUSCIS approves the petition, the noncitizen applies for an immigrant visa abroad or, 
if eligible, adjustment of status in the United States. See section 245 of the Act , 8 U.S.C. § 1255. 
1 The date the DOL accepted the labor certification for processing - in this case, September 12, 2019 - is called the "priority 
date." See 8 C.F.R. § 204.S(d). 
Under section 203(b )(3)(A)(ii) of the Act, EB-3 classification may be granted to qualified immigrants 
who hold baccalaureate degrees and are members of the professions. 
The regulation at 8 C.F.R. § 204.5(1)(3)(ii)(C) states, in pertinent part: 
If the petition is for a professional, the petition must be accompanied by evidence that 
the alien holds a United States baccalaureate degree or a foreign equivalent degree and 
by evidence that the alien is a member of the professions. Evidence of a baccalaureate 
degree shall be in the form of an official college or university record showing the date 
the baccalaureate degree was awarded and the area of concentration of study. 
In addition, 8 C.F.R. § 204.5(1)(3)(i) states that the job offer portion of the labor certification 
underlying a petition for a professional "must demonstrate that the job requires the minimum of a 
baccalaureate degree." 
II. ANALYSIS 
In its Form I-140, Immigrant Petition for Alien Workers, the Petitioner checked the box at part 2.1.e. 
which specifies that the petition is being filed 
for "[aa] professional ( at a minimum, possessing a bachelor's 
degree or a foreign degree equivalent to a U.S. bachelor's degree)." 
As required by statute, the petition was accompanied by an ETA Form 9089, Application for 
Permanent Employment Certification (labor certification), which was certified by the DOL. Section 
H of the labor certification stated the following with respect to the minimum requirements for the job 
of accounting officer: 
4. Education: Minimum level required: Bachelor's degree 
4-B. Major Field of Study: Business Administration 
5. Is training required for the job? No 
6. Is experience in the job offered required? Yes 
6-A. How long? 12 months 
7. Is an alternate field of study acceptable? No 
8. Is an alternate combination of education 
and experience acceptable? Yes 
8-A. Alternate level of education required? None 
8-C. Indicate the number of years experience acceptable in 
Question 8. 3 
9. Is a foreign educational equivalent acceptable? Yes 
10. Is experience in an alternate occupation acceptable? Yes 
10-A. How long? 12 months 
10-B. Job title of acceptable alternate occupation Job duties or experience in 
related accounting or finance 
position in Colombia 
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In addition, box H.14 of the labor certification - Specific skills or other requirements - states the 
following: 
Experience in part H-8.C must be in job duties or in related accounting or finance 
position with at least 1 year experience in accounting/finance position in Columbia. 
In section J of the labor certification the Beneficiary stated that they earned a bachelor's degree in 
business administration at I I Universidad [ IColumbia in 2011. They 
submitted copies of a diploma and transcripts showing that the Beneficiary was awarded a business 
administrator diploma (Titulo de Administradora de Empresas) from the above-named university on 
November 26, 2011, following completion of a four-year academic program in the years 2007-2011. 
The Director denied the petition on the ground that the minimum job requirements in part H of the 
labor certification are less than a U.S. baccalaureate or foreign equivalent degree. After noting the 
specifications at H.4 and H.6 of the labor certification that a bachelor's degree and 12 months of 
experience were required, the Director quoted the language at H. 8 and H.14 indicating that the 
Petitioner would accept, in the alternative, three years of experience "in job duties or in related 
accounting or finance position with at least 1 year experience in accounting/finance position in 
Columbia." Based on this language indicating that the Petitioner would accept less than a full 
baccalaureate degree, the Director concluded that the offered position did not qualify as a profession 
and the labor certification did not support the requested classification of the Beneficiary as an EB-3 
professional. 
On appeal, the Petitioner asserts that the Beneficiary has a four-year bachelor's degree from a 
Colombian university which has been equated to a U.S. bachelor's degree in business administration 
from an accredited U.S. college or university. The issue on appeal, however, is not whether the 
Beneficiary meets the minimum educational requirements for the offered position of accounting 
officer. The issue is whether the labor certification requires at least a U.S. baccalaureate degree or a 
foreign equivalent degree in order to qualify for the job. 
In determining whether a beneficiary is eligible for a preference immigrant visa, USCIS may not 
ignore a term of the labor certification, nor may it impose additional requirements. See Madany v. 
Smith, 696 F.2d 1008, 1015 (D.C. Cir. 1983). USCIS must examine "the language of the labor 
certification job requirements" in order to determine what the job requires. Id. The only rational 
manner by which USCIS can be expected to interpret the meaning of terms used to describe the 
requirements of a job in a labor certification is to examine the certified job offer exactly as it is 
completed by the prospective employer. See Rosedale Linden Park Company v. Smith, 595 F. Supp. 
829,833 (D.D.C. 1984) (emphasis added). Our interpretation of the job's requirements, as stated on 
the labor certification, must involve reading and applying the plain language of the labor certification 
application form. Id. at 834. 
The Petitioner asserts on appeal that its minimum requirements for the position are a bachelor's degree 
and 12 months of experience, and claims its decision to include the alternate set of requirements of no 
education and three years of experience was intended to "open the position to further U.S. workers," 
noting that it "was willing to consider other related qualifications." While the Petitioner's assertions 
are noted, the labor certification nevertheless states that a candidate may qualify for the job of 
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accounting officer with less than a bachelor's degree. Boxes H.8 and H.14 of the labor certification 
set forth alternative requirements whereby an applicant may qualify for the job with no education and 
three years of experience. Thus, the "plain language" of the labor certification unambiguously states 
that the minimum educational requirement for the offered position is less than a U.S. bachelor's degree 
or a foreign equivalent degree, contrary to the Petitioner's assertions. 
The labor certification in this case does not support the requested professional classification sought in the 
Form 1-140 petition since it allows an applicant to qualify for the job with less than a baccalaureate degree. 
Accordingly, the petition cannot be approved. 
ORDER: The appeal is dismissed. 
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