dismissed EB-3 Case: Computer Science

U.S. Citizenship 
and Immigration 
Services 
MATTER OF Y-T-, INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: MAY 31,2017 
MOTION TO RECONSIDER DECISION OF ADMINISTRATIVE APPEALS OFFICE 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, an international technology consulting company, seeks to employ the Beneficiary as a 
business development manager. 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. § 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. The Director found that the evidence 
of record did not establish that the Beneficiary has a U.S. baccalaureate degree or a foreign 
equivalent degree, as required for classification as a professional. We rejected the subsequent late­
filed appeal. 
The Petitioner filed a motion to reconsider, which we denied on two grounds. We determined that 
the petition could not be approved under the professional classification because the Beneficiary does 
not have a bachelor's degree, and the labor certification does not require a bachelor's degree. 
The matter is now before us on another motion to reconsider. We will deny the motion. 
I. LAW 
Employment-based immigration generally follows a three-step process. First, an employer must obtain 
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 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. Second, the employer may file 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 may apply 
1 
The date the labor certification is filed is called the "priority date." A beneficiary must be eligible for the requested 
classification as of that date. 
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Matter of Y- T~, Inc. 
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. 
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, the regulation at 8 C.F.R. § 204.5(1)(3)(i) provides that "[t]he job offer portion of an 
individual labor certification . . . must demonstrate that the job requires the minimum of a 
baccalaureate degree." 
To be eligible for classification as a professional, therefore, a beneficiary must have at least a U.S. 
baccalaureate degree or a foreign equivalent degree, and the labor certification must require at least a 
U.S. baccalaureate degree or a foreign equivalent degree. 
II. ANALYSIS 
The Petitioner's Form 1-140, Immigrant Petitioner for Alien Worker, was accompanied by a certified 
ETA Form 9089, Application for Permanent Employment Certification (labor certification). 
Section 
H of the labor certification stated the following with respect to the minimum educational 
requirement for the job: 
4. 
4-A. 
4-B. 
7. 
8. 
9. 
Education: Minimum level required: 
If "Other" - specify the education required 
Major Field of Study: 
Is an alternate field of study acceptable? 
Is an alternate combination of education 
and experienc e acceptable? 
Is a foreign educational equivalent acceptable? 
Other 
Bachelor or equivalent of 
Bachelor ' s degree 
Computer Science 
No 
No 
Yes 
In section J of the labor certification the Beneficiary claimed that he earned the equivalent of a 
bachelor's degree in computer science at the in India, in 2002. As 
evidence thereof the Petitioner submitted documentation showing 
that the Beneficiary completed: 
I. Two years of coursework in the field of law at the in June 1998; 
2. Two half-year computer courses at the 
m India, in November 1995 and January 1998; 
2 
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Matter of Y-T-, Inc. 
3. Three computer courses totaling four months of study at 
m India, in 1998 and 1999; and 
4. An' stating that the 
Beneficiary's two years of academic studies at the from 1996 to 1998 were 
equivalent to two years of study toward a bachelor's degree from an accredited U.S. college or 
university; that his additional coursework at and between 1995 and 1999 raised the 
overall equivalency of his education in India to three years of study toward a bachelor of science 
degree from an accredited U.S. college or university; and that combining the Beneficiary's 
education with his three years and seven months of employment and training in the computer 
field between June 1997 and August 2002 raised the overall equivalency of his education, 
training, and experience in India to the level of a bachelor of science in computer science from 
an accredited college or university in the United States. 
The Director denied the petition on the ground that the Beneficiary does not have a U.S. 
baccalaureate degree or a foreign equivalent degree and therefore could not be classified as a 
professional. We affirmed the Director ' s conclusion that the Beneficiary does not have a bachelor 's 
degree, and also found that the labor certification does not require such a degree. 
In its current motion the Petitioner contests our findings regarding the institutional distinctions between 
m and the in (where the Beneficiary studied), in particular the 
finding that the m does not issue academic degrees. The Petitioner asserts that the two 
institutions are part of the same university system, but has submitted no supporting evidence. 
Moreover, even if the in were a degree-granting university-level institution at the time the 
Beneficiary studied there, he was not awarded any degree. 
The Petitioner contends that its willingness to employ an individual with a combination of classroom 
learning and practical experience which it deems equivalent to a bachelor's level of education 
(consistent with the fulfills the educational requirement of the labor certification. 
However, this argument is not relevant to the grounds for denial in this case. In our prior decision we 
concluded that the petition cannot be approved under the professional classification because the 
Beneficiary does not possess, and the labor certification does not require, a bachelor' .s degree. We did 
not state that the Beneficiary does not satisfY the requirements ofthe labor certification. As discussed in 
our prior decision, equivalence to a bachelor's degree based on a combination of education and work 
experience is not the same as a U.S. baccalaureate degree or a foreign equivalent degree issued by a 
college or university, which is the requirement for classification as a professional. See 8 C.F.R. 
§ 204.5(1)(3)(ii)(C). 
The Petitioner references various publications and organizations as authoritative sources of information 
about foreign credentials and the accreditation of foreign academic institutions, but does not explain 
2 The evaluation, dated September 26, 2002, was authored by 
Systems at the 
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Professor of Computer Information 
Matter of Y-T-, Inc. 
how these references relate to this petition or the previous decisions of this office and the Texas Service 
Center. 
Finally, the Petitioner claims that the previous decisions of this office and the Texas Service Center are 
contrary to the statute, regulations, and Congressional intent, citing Grace Korean United Methodist 
Church v. Chertqff, 437 F.Supp. 2d 1174 (D.C. Oregon 2005). The Petitioner provides no details, 
however, to support these assertions. Moreover, we discussed that federal court opinion in our previous 
decision, including its factual and legal distinction from the current proceeding. The Petitioner does not 
contest our analysis of that opinion. 
Thus, the Petitioner has not established that the Beneficiary has a U.S. baccalaureate degree or a 
foreign equivalent degree, as required under 8 C.F.R. § 204.5(1)(3)(ii)(C) for him to be classified as a 
professional under section 203(b)(3)(A)(ii) of the Act. Furthermore, the labor certification does not 
support classification as a professional because it allows an applicant to qualify for the job with less 
than a U.S. baccalaureate degree or a foreign equivalent degree. For both of these reasons the petition 
cannot be approved. 
III. CONCLUSION 
The petitiOn cannot be approved under the requested professional classification because the 
Beneficiary does not possess, and the' labor certification does not require, a U.S. bachelor's degree or 
a foreign equivalent degree. We will therefore deny the motion to reconsider. 
ORDER: The motion to reconsider is denied. 
Cite as Matter ofY-T-, Inc., ID# 385541 (AAO May 31, 2017) 
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