dismissed EB-3 Case: Agriculture

U.S. Citizenship 
and Immigration 
Services 
MATTER OF P-F-O-O-, LLC 
APPEAL OF TEXAS SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: SEPT. 24, 2019 
PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a hog farm, seeks to employ the Beneficiary as a finisher complex manager. It requests 
classification of the Beneficiary as a professional under the third preference immigrant classification. 
Immigration and Nationality Act (the Act), section 203(b)(3)(A)(ii), 8 U.S.C. § 1153(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 record did not 
establish, as required, that the position supports the requested professional classification. He also 
determined that that the Beneficiary "does not meet the definition of a member of the professions or 
of a professional." On appeal, the Petitioner asserts that the offered position supports the requested 
professional classification, and that the Beneficiary is a professional who holds a bachelor's degree 
and is a member of the professions. 
Upon de nova review, we will dismiss the appeal. 
I. THE EMPLOYMENT-BASED IMMIGRATION PROCESS 
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. § l 182(a)(5)(A)(i). By approving the labor certification, the DOL certifies that there 
are insufficient U.S. workers who are able, willing, qualified, and available for the offered position and 
that employing a foreign national 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). See section 204 of the Act, 8 U.S.C. § 1154. Third, ifUSCIS approves the petition, 
the foreign national 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 priority date of a petition is the date the DOL accepted the labor certification for processing , which in this case is 
October 23, 2017. See 8 C.F.R. § 204.5(d). 
Matter of P-F-O-O-, LLC 
II. PROFESSIONAL CLASSIFICATION 
At Part 2 of the Form I-140, Immigrant Petition for Alien Worker, the Petitioner checked the box at 
l.e. requesting classification as a professional. The regulation at 8 C.F.R. § 204.5(1)(2) defines 
"professional" as "a qualified alien who holds at least a United States baccalaureate degree or a foreign 
equivalent degree." A petition seeking professional classification, therefore, must be accompanied by 
a labor certification that requires a minimum of a baccalaureate degree. 8 C.F.R. § 204.5(1)(3)(i). 
In this case, Section H of the labor certification submitted with the petition states that the offered 
position of finisher complex manager has the following minimum requirements: 
H.4. Education: Bachelor's degree in "Agriculture, Veterinary Science, Animal 
Science, Animal." 
H.5. Training: None required. 
H.6. Experience in the job offered: None required. 
H.7. Alternate field of study: None accepted. 
H.8. Alternate combination of education and experience accepted? Yes. 
H.8-A If yes, specify the alternate level of education required: Other 
H.8-B If other is indicated in 8-A, indicate the alternate level of education required: 
"The employer accepts an experiential equivalency of any combination of SEE 
H.14." 2 
H.8-C Number of years experience acceptable in question 8: 12 
H.9. Foreign educational equivalent: Accepted. 
H.10. Experience in an alternate occupation: None accepted. 
H.14. Specific skills or other requirements: "The employer accepts an experiential 
equivalency of any combination of education, experience and 
diploma/certificates for the required BS degree, provided such experience 
equates to a Univ BS degree using the generally accepted equivalency of 3 years 
of experience per year of academic study." 
The labor certification permits an applicant to qualify for the offered job with a combination of education 
and experience. Since an individual can qualify for the offered position with less than a baccalaureate, 
the petition does not qualify for the professional classification. See 8 C.F.R. § 204.5(1)(3)(ii)(C).3 
Therefore, the petition cannot be approved for a member of the professions under section 
203(b)(3)(A)(ii) of the Act. Thus, the Director correctly concluded that this petition cannot be 
approved under the requested professional classification. 
2 Some of the language was cut off at Part H.8. of the labor certification submitted with the petition, but it appears to be 
set forth in full at Part H.14. 
3 The regulation at 8 C.F.R. § 204.5(1)(3)(ii)(C) and section 203(b )(3)(A)(ii) of the Act use a singular description of the 
degree required for classification as a professional. In Snapnames.com, Inc. v. Michael Cherto{f, 2006 WL 3491005 (D. Or. 
Nov. 30, 2006). the court held that, in professional and advanced degree professional cases, where the beneficiary is 
statutorily required to hold a baccalaureate degree, USCIS properly concluded that a single foreign degree or its equivalent 
is required. See also Maramjaya v. USCIS, Civ. Act No. 06-2158 (D.D.C. Mar. 26, 2008)(for professional classification, 
USCIS regulations require the beneficiary to possess a single four-year U.S. bachelor's degree or foreign equivalent degree). 
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Matter of P-F-0-0-, LLC 
On appeal, the Petitioner asserts that a petition under the professional classification can require a 
combination of education and experience, and that the statute, regulations, and case law do not prohibit 
such a combination. We disagree. The Act and its regulations indicate that the professional classification 
requires a single degree equating to a U.S. baccalaureate. 4 As previously noted, the statute requires 
professionals to hold baccalaureate degrees. Section 203(b)(3)(A)(ii) of the Act. The regulation at 
8 C.F.R. § 204.5(1)(3)(ii)(C) specifies that a professional must have a U.S. baccalaureate degree or a 
foreign equivalent degree, and the regulation at 8 C.F.R. § 204.5(1)(3)(i) makes clear that an immigrant 
petition for professional classification must be supported by a labor certification that requires a 
minimum of a baccalaureate degree for the job offered. Neither training nor experience may be 
substituted for any part of the degree requirement. 
Here, the labor certification refers to the "generally accepted equivalency of 3 years of experience per 
year of academic study" which relates to the regulations applicable to H-lB petitions for nonimmigrant 
workers. See 8 C.F.R. § 214.2(h)(4)(iii)(D)(5). The regulations for H-lB nonimmigrant petitions do 
not govern the classification requested in this case. As the labor certification in this case allows 
candidates to qualify for the job based on a combination of education and experience, it cannot support 
the requested classification. 
III. BENEFICIARY'S QUALIFICATION AS A PROFESSIONAL 
The Director cited Matter of Asuncion, 11 I&N Dec. 660 (R.C. 1966), and Matter of Kim, 13 I&N 
Dec. 16 (Reg'l Comm. 1968), in support of his determination that the Beneficiary "does not meet the 
definition of a member of the professions or of a professional." Because the issue of the petition's 
approval under the professional classification is dispositive in this case, we need not reach the issue 
of the Beneficiary's qualification as a professional and therefore reserve it. 
IV. CONCLUSION 
In visa petition proceedings, it is the petitioner's burden to establish eligibility for the immigration 
benefit sought. Section 291 of the Act, 8 U.S.C. § 1361. The Petitioner has not met that burden. 
ORDER: The appeal is dismissed. 
Cite as Matter of P-F-O-O-, LLC, ID# 6642475 (AAO Sept. 24, 2019) 
4 Where combinations of education or experience may equate to baccalaureate degrees, the Act and regulations state so 
explicitly. See section 214(i)(2)(C) of the Act, 8 U.S.C. § 1184(i)(2)(C) (allowing foreign workers in H-1 B nonimmigrant visa 
status to have "experience in the specialty equivalent to the completion of such [bachelor's] degree"); see also 8 C.F.R. 
§ 214.2(h)( 4 )(iii)( C)( 4) ( stating that H- IB workers may have "education, specialized training, and/or progressively responsible 
experience that is equivalent to completion of a United States baccalaureate ... degree"). 
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