dismissed EB-3 Case: Agriculture

U.S. Citizenship 
and Immigration 
Services 
In Re : 11812622 
Motion on Administrative Appeals Office Decision 
Form 1-140, Immigrant Petition for Skilled Worker 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : OCT . 23, 2020 
The Petitioner seeks to employ the Beneficiary as a grain and livestock farmworker under the third­
preference, immigrant classification for skilled workers. See Immigration and Nationality Act (the Act) 
section 203(b)(3)(A)(i) , 8 U.S.C. § l 153(b)(3)(A)(i) . 
The Director of the Nebraska Service Center denied the petition and dismissed the Petitioner 's 
following motion to reopen . We dismissed the Petitioner 's appeal and the company's three subsequent 
motions to reopen . 
Our most recent decision found that the Petitioner demonstrated the Beneficiary's qualifying 
experience and licen sing for the offered position . We ruled , however , that the record did not establish 
the Beneficiary's qualifying education for the position. We also denied the Petitioner's request to 
change the requested immigrant visa classification from skilled worker to "other worker. " See section 
203(b )(3)(A)(iii) of the Act. 
The matter is before us again on the Petitioner 's motion to reopen. We will dismiss the motion. 
I. MOTION REQUIREMENTS 
A motion to reopen must state new facts, supported by documentary evidence . 8 C.F.R. § 103.5(a)(2) . 
We may grant a motion that meets these requirements and establishes eligibility for the requested 
benefit. 
II. THE BENEFICIARY'S EDUCATION 
The Petitioner submits a February 2019 letter from a member of an Afrikaner settlement in South 
Africa. The letter states the unavailability of a certificate from a South African youth center where 
the Beneficiary gained employment experience . The letter 's signatory stated that the work "offered a 
high school equivalent in the form of a practical diploma ." 
The Petitioner 's owner states that the Beneficiary has also requested a certificate of high school 
equivalency from a South African government agency . But the owner states that the Covid-19 
pandemic will delay receipt of that certificate. 
The evidence on motion does not establish the Beneficiary's educational qualifications for the offered 
position. The accompanying labor certification from the U.S. Department of Labor (DOL) states the 
position's minimum educational requirements as a U.S. high school diploma or "a foreign educational 
equivalent." See Matter o_f Wing's Tea House, 16 I&N Dec. 158, 160 (Acting Reg'l Comm'r 1977) 
(requiring a beneficiary to meet all DOL-certified job requirements). The letter does not demonstrate 
the Beneficiary's possession of a foreign educational equivalent of a U.S. high school diploma. First, 
the record does not indicate the basis of the signatory's knowledge of South African high school 
equivalencies. Also, the letter claims that the Beneficiary gained the foreign equivalent of a U.S. high 
school diploma through employment, rather than education. 
The letter does not demonstrate the Beneficiary's possession of the mm1mum educational 
requirements certified by the DOL. We will therefore affirm the appeal's dismissal. 
III. THE REQUESTED IMMIGRANT VISA CLASSIFICATION 
Even if the Petitioner had demonstrated the Beneficiary's educational qualifications for the offered 
position, we could not approve the motion or the petition. As indicated in our most recent decision, 
the position's job requirements do not support the requested immigrant visa classification. 
A position for a skilled worker must require at least two years of training or experience. Section 
203(b)(3)(A)(i) of the Act. Relevant, post-secondary education may be considered as training. 
8 C.F.R. § 204.5(1)(2) (defining the term "skilled worker"). Here, the labor certification states the 
minimum requirements of the offered position of grain and livestock farmworker as a high school 
diploma and six months of experience in the job offered or as a commercial truck driver. 
The offered position requires less than two years of training or experience. The position's job 
requirements therefore do not support the requested immigrant visa classification. 
IV. CONCLUSION 
The record on motion does not establish the Beneficiary's qualifying education for the offered 
pos1t10n. The position's job requirements also do not support the requested immigrant visa 
classification. We will therefore affirm the appeal's dismissal. 
ORDER: The motion to reopen is dismissed. 
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