dismissed EB-3 Case: Auditing

MATTER OF A-1-S-, INC. 
APPEAL OF TEXAS SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: OCT. 16, 2018 
PETITION: 1-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, an insurance services provider, seeks to employ the Beneficiary as an auditor. It 
requests classification of the Beneficiary as a professional under the third preference immigrant 
category. Immigration and Nationality Act (the Act) section 203(b)(3)(A)(ii), 8 U.S.C. 
§ 1153(b)(3)(A)(ii). This employment-based "EB-3" 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. The Director found that the ·Beneficiary 
does not have a U.S. bachelor's degree or a foreign equivalent degree, and therefore does not meet the 
regulatory requirement to qualify for classification as a professional. 
On appeal the Petitioner submits a brief and supporting documents. The Petitioner asserts that the 
Beneficiary has the foreign equivalent of a U.S. bachelor's degree, thus qualifying him for classification 
as a professional. · 
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 certificatioQ. from the U.S. Department of Labor (DOL). See se~tion 
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 foreign national in the position will not adversely affect the 
wages and working conditions of domestic workers similarly employed. See section 
2 i2(a)(5)(A)(i)(l)-(ll) 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, 
if USCIS 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. 
Matter of A-1-S-, Inc. 
II. ANALYSIS 
At issue in this case is whether the Beneficiary's education is sufficient to qualify for professional 
classification. 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 [beneficiary] holds a United States baccalaureate degree or a foreign equivalent 
degree . . . . 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. 
A beneficiary must also meet all of the education, training, experience, and other requirements of the 
labor certification as of the petition's priority date. 1 See Matter of Wing's Tea House, 16 I&N Dec. 
158, 159 (Acting Reg'!. Comm'r 1977). There is no provision in the statute or the regulations that 
would allow a beneficiary to qualify under section 203(b)(3)(A)(ii) of the Act with anything less 
than a full baccalaureate degree from a college or university. Where the analysis of the beneficiary's 
credentials relies on a combination of work and/or multiple lesser degrees, the result is the 
"equivalent" of a bachelor's degree rather than a single-source "foreign equivalent degree." In order 
to have education equating to a bachelor's degree under section 203(b)(3)(A)(ii) of the Act, the 
beneficiary must have a single degree that is the "foreign equivalent degree" to a United States 
baccalaureate degree from a college or university. · 
On its Form 1-140, Immigrant Petition for Alien Worker, the Petitioner checked the box at Part 2.1.e. 
indicating that the petition was being filed for "[a] professional (at the minimum, possessing a 
bachelor's degree or a foreign degree equivalent to a U.S. bachelor's degree." The petition was 
accompanied by labor certification which states the following in section H with respect to the 
minimum requirements for the job of auditor: 
4. 
4-B. 
5. 
6. 
6-A. 
7. 
7-A. 
8. 
9. 
10. 
10-A. 
Education: Minimum level required: 
Major Field of Study: 
Is training required for the job? 
Is experience in the job offered required? 
How long? 
Is an alternate field of study acceptable? 
What field of study? 
Is an alternate combination of education 
and experience acceptable? 
Is a foreign educational equivalent acceptable? 
Is experience in an alternate occupation acceptable? 
How long? 
Bachelor's degree 
Accounting 
No 
Yes 
24 months 
Yes 
Business Administration 
No 
Yes 
Yes 
24 months 
1 The priority date of the petition, in this case October 20, 2017, is the date the underlying labor certification (ETA Fonn 
9089, Application for Permanent Labor Certification) is filed with the DOL. See 8 C.F.R. § 204.S(d). 
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Matter ofA-1-S-. Inc. 
l 0-B. What alternate job titles are acceptable? Assistant Manager, 
Risk Analyst, Auditor 
Section J of the labor certification states that the Beneficiary's highest level of education relevant to 
the job opportunity is a bachelor's degree in business administration from the 
Pakistan, completed in 2009. 
As evidence of the Beneficiary's educational credentials, the Petitioner submitted copies of a degree 
certificate and transcript from the showing that the Beneficiary 
passed his coursework and was awarded a bachelor of commerce in November 2005, as well as an 
examination certificate and transcript from 
in showing that the Beneficiary passed a series of subjects in the years 2003-2009 
and a final examination in June 2009. The Petitioner also submitted two evaluations of the 
Beneficiary's academic credentials from 
The first evaluation asserted that the bachelor of commerce degree from and the final 
examination certificate from were equivalent to a bachelor's degree in business administration 
from an accredited U.S. college or university . The second evaluation asserted that the Beneficiary's 
bachelor of commerce from a two-year degree, combined with his final examination 
certificate from were equivalent to a bachelor of science in accounting from an accredited 
college or university in the United States . 
In denying the petition the Director stated that the Beneficiary's educational credentials from 
Pakistan were not equivalent to a U .S. bachelor's degree. The Director found that the combination 
of a two-year bachelor of commerce degree from and a final examination certificate from 
did not constitute a foreign equivalent degree to a U.S. baccalaureate degree, as required in 
8 C.F.R . § 204 .5(1)(3)(ii)(C) to qualify for classification as a professional. 
On appeal the Petitioner submits a third academic equivalency evaluation, this one from 
It asserts that the Beneficiary's final examination certificate from is 
equivalent by itself to a four-year bachelor's degree in accounting from an accredited college or 
university in the United States . The Petitioner indicates that the evaluation utilized the 
Educational Database for Global Education (EDGE), created by the American Association of 
Collegiate Registrars and Admissions Officers (AACRAO), 2 in formulating its equivalency 
evaluation for the credential, though the evaluation itself does not reference EDGE. The 
Petitioner also submits further documentation showing that the Beneficiary passed three sequential 
examinations upon completion of specific coursework over the six-year time period of his 
studies, 2003.:.2009, and that he was admitted to associate membership in in August 2009 
following passage of the final examination . Based on the above documentation the Petitioner claims 
2 AACRAO is described on its website as "a nonprofit, voluntary, professional association of more than 11 ,000 higher 
education admissions and registration professionals who represent ·more than 2,600 institutions and agencies in the 
United States and in over 40 countries." http://www.aacrao .org/who-we-are (last visited October 3, 2018) . EDGE is 
described on its registration page as "a web-based resource for the evaluation of foreign educational credentials ." 
http://edge .aacrao .org/info .php (last visited October 3, 2018). 
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Malter 4 A-1-S-, Inc. 
that the Beneficiary 's final examination certificate from meets the regulatory requirement of a 
single foreign degree that is equivalent to a U .S. baccalaureate degree . Alternatively, the Petitioner 
contends that the Beneficiary's final examination certificate from because it built on the 
preceding two-year bachelor of commerce degree from constitute_s a single source foreign 
equivalent degree to a four-year bachelor 's degree in the United States. We are not persuaded by the 
Petitioner's claims. 
We will first address the EDGE database for Pakistan which the Petitioner asserts was the basis of 
equivalency evaluation of the Beneficiary's educational credentials. We consider 
EDGE to be a reliable, peer-reviewed source of information about foreign degree equivalencies . 
With regard to the Beneficiary 's bachelor of commerce degree from EDGE states that such 
degrees are awarded in Pakistan upon completion of two to three years of tertiary stu~y and are 
comparable to two to three years of university study in the United States. The Beneficiary's two­
year bachelor of commerce , therefore, is comparable to two years of university study in the United 
States. It is not equivalent to a bachelor's degree from a U.S. college or university, which generally 
requires four years of academic study. See Matter of Shah, 17 l&N Dec. 244, 245 (Reg'! Comm'r 
1977). As for the Beneficiary 's credentials, EDGE indicates that the final examination 
certificate and membership represent the culmination of four years of tertiary study and a level 
of education comparable to a bachelor 's degree in the United States. Educational comparability to a 
U.S. bachelor's degree, however, does not make the final examination certificate from and 
associate membership in a single source "foreign equivalent degree" to a U.S. baccalaureate 
degree, as required in 8 C.F.R. § 204.5(1)(3)(ii)(C), because is not a college or university and 
is not a degree-granting institution . · 
As previously discussed, the regulation at 8 C.F.R. § 204.5(1)(3)(ii)(C) requires that the beneficiary 
have a U.S. baccalaureate or foreign equivalent degree and evidence thereof in the form of an 
official college or university record to be eligible for professional classification. is not an 
academic institution that can confer a degree with an official college or- university record. See 
Snapnames.com, Inc. v. Michael Chertoff, 2006 WL 3491005 *II (D. Ore. Nov. 30, 2006) (findipg 
USCIS was justified in concluding that membership in a similar organization in India, the Institute of 
Chartered Accountants of India (ICAI), was not a college or university "degree" for purposes of 
classification as a member of the professions holding an advanced degree). Like ICAI in India, 
in Pakistan is a professional organization, not a college or university, and neither its final 
examination certificate nor its associate membership certificate is a degree . While these credentials 
may be "comparable" to a U.S. bachelor's degree as a measure of educational achievement, they are 
not, either individually or collectively , a "foreign equivalent degree" to a U .S. baccalaureate degree 
within the meaning of 8 C.F.R. § 204.5(1)(3)(ii)(C). Accordingly, they do not qualify the 
Beneficiary for classification as a professional under section 203(b )(3)(A)(ii) of the Act. 
For the reasons discussed above, the equivalency evaluations from and have 
little probative value in this proceeding. None of the three evaluations asserts that the Beneficiary 's 
only degree, the two-year bachelor of commerce from is equivalent to a U .S. bachelor 's 
degree, and all three evaluations assert that equivalency to a U .S. bachelor ' s degree was attained 
wh~n the Beneficiary passed his final examination and obtained membership. Neither 
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Matter of A-1-S-. Inc. 
of these certificates from , however, constitutes a degree from a degree-granting institution. 
Thus, they do not represent a single source "foreign equivalent degree" to a U.S. baccalaureate 
degree, as required in 8 C.F.R. § 204.5(l)(3)(ii)(C). Evaluations of academic credentials by 
evaluation services are utilized by USCIS as advisory opinions only. Where an opinion is not in 
accord with other information or is in any way questionable, USCIS is not required to accept it or 
may give it less weight. See Matter of Sea, Inc., 19 l&N Dec. 817 (Comm'r 1988). For the reasons 
discussed above, the and evaluations do not establish that the Beneficiary's 
credentials from or constitute a single foreign equivalent degree to a U.S. bachelor's 
degree. 
III. CONCLUSION 
The appeal will be dismissed because the Petitioner has not established that the Beneficiary has a 
foreign degree that is equivalent to a U.S. bachelor's degree, as required to qualify for classification as a 
professional under section 203(b )(3)(A)(ii) of the Act. 
ORDER: The appeal is dismissed. 
Cite as Mauer of A-1-S-, Inc. ID# 1925240 (AAO Oct. 16, 2018) 
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