dismissed EB-3 Case: Education

ldmtifjdng data deleted to 
prevent clearly unwarranted 
invasion of persooal privacy 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
66. 
PETITION: 
 Petition for Alien Worker as a Skilled Worker or Professional Pursuant to Section 203(b)(3) 
of the Immigration and Nationality Act, 8 U.S.C. § 1 153(b)(3) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Office in your case. All documents have been returned to 
the office that originally decided your case. Any further inquiry must be made to that office. 
~obek P. Wiemann, Director 
Administrative Appeals Office 
Page 2 
DISCUSSION: The preference visa petition was denied by the Director, California Service Center, and is 
now before the Administrative Appeals Office (AAO) on appeal. The appeal will be dismissed. 
The petitioner is a private academic school. It seeks to employ the beneficiary permanently in the United 
States as an elementary school teacher. A copy of a Form ETA 750, Application for Alien Employment 
Certification approved by the Department of Labor, accompanied the petition. The original of the Form 
ETA 750 was previously submitted with an earlier 1-140 petition on behalf of the same beneficiary, which 
was later withdrawn by the petitioner. The original ETA 750 is in the beneficiary's A-file, with the record of 
proceeding of the prior 1-140 petition. The record of proceeding of the instant 1-140 petition is also contained 
in the beneficiary's A-file. 
In his decision on the instant petition, the director determined that the petitioner had not established that the 
beneficiary had a bachelor's degree with a major field of study in elementary education, or a foreign 
equivalent degree, as required on the Form ETA 750, and denied the petition accordingly. 
Section 203(b)(3)(A)(i) of the Immigration and Nationality Act (the Act), 8 U.S.C. 3 1153(b)(3)(A)(i), provides 
for the granting of preference classification to qualified immigrants who are capable, at the time of petitioning for 
classification under this paragraph, of performing skilled labor (requiring at least two years training or 
experience), not of a temporary or seasonal nature, for which qualified workers are not available in the United 
States. Section 203(b)(3)(A)(ii) of the Act provides for the granting of preference classification to qualified 
immigrants who, at the time of petitioning for classification under this paragraph, are professionals. 
A labor certification is an integral part of this petition, but the issuance of a Form ETA 750 does not mandate the 
approval of the relating petition. To be eligible for approval, a beneficiary must have all the education, training, 
and experience specified on the labor certification as of the petition's priority date. 8 C.F.R. 3 103.2(b)(1), (12). 
See Matter of Wing 's Tea House, 1 6 I&N Dec. 1 5 8, 1 59 (Acting Reg. Comm. 1 977); Matter of Katigbak, 1 4 
I. & N. Dec. 45, 49 (Reg. Comm. 1971). The priority date is the date the Form ETA 750 was accepted for 
processing by any office within the employment system of the Department of Labor. See 8 C.F.R. 3 204.5(d). 
The priority date in the instant petition is August 14,2001. 
On the Form ETA 750B, signed by the beneficiary on September 4, 2000, the beneficiary claimed to have 
worked for the petitioner beginning in September 1999 and continuing through the date of the ETA 750B. 
The ETA 750 was certified by the Department of Labor on August 14,2001. 
The previous 1-140 petition was submitted on March 18, 2002. A request for additional evidence (WE) was 
issued by the director on May 22, 2002. In reply to the WE, counsel submitted a letter withdrawing the 1-140 
petition, and stating that the petitioner intended to resubmit the 1-140 petition concurrently with Form 1-485 
pursuant to a July 3 1, 2002 amendment to 1-485 regulations. In a notice dated August 29, 2002 the director 
confirmed receipt of the request for withdrawal and terminated all action by CIS on the petition. 
The instant 1-140 petition was submitted on May 28, 2003. On the petition, the petitioner claimed to have 
been established in 1997 and to currently have 40 employees. In the items on the petition for gross annual 
income and for net annual income the petitioner wrote "Non-Profit." (1-140 petition, Part 5). With the 
petition, the petitioner submitted supporting evidence. 
No request for additional evidence was issued by the director in the proceedings on the instant 1-140 petition. 
In a decision dated August 23, 2004 the director determined that the evidence failed to establish that the 
beneficiary had earned a bachelor's degree in elementary education, nor that the beneficiary was certified to teach 
in elementary education. The director therefore denied the petition. 
On appeal, counsel submits a brief and additional evidence. 
Counsel states on appeal that the beneficiary obtained a bachelor of nursing at a university in the Philippines and 
that her studies for that degree included six credits in the field of education. Counsel states that the beneficiary 
also completed an 18-credit Certificate of Professional Education program at a different university in the 
Philippines, which then qualified the beneficiary to teach elementary education. Counsel states that an evaluation 
report on the beneficiary's education finds that the beneficiary's education is equivalent to a United States 
bachelor's degree with a major in elementary education. 
The submission of additional evidence on appeal is allowed by the instructions to the Form I-290B, which are 
incorporated into the regulations by the regulation at 8 C.F.R. 5 103.2(a)(l). The record in the instant case 
provides no reason to preclude consideration of any of the documents newly submitted on appeal. See Matter 
of Soriano, 19 I&N Dec. 764 (BIA 1988). 
The regulation at 8 C.F.R. 9 204.5(g)(l) states in pertinent part: 
Evidence relating to qualifying experience or training shall be in the form of letter(s) from 
current or former employer(s) or trainer(s) and shall include the name, address, and title of the 
writer, and a specific description of the duties performed by the alien or of the training received. 
If such evidence is unavailable, other documentation relating to the alien's experience or training 
will be considered. 
To determine whether a beneficiary is eligible for an employment-based immigrant visa as set forth above, CIS 
must examine whether the alien's credentials meet the requirements set forth in the labor certification. The 
Application for Alien Employment Certification, form ETA-750A, blocks 14 and 15, sets forth the minimum 
education, training and experience that an applicant must have for the position of elementary school teacher. In 
the instant petition, blocks 14 and 15 describe the requirements of the offered position as follows: 
14. Education (number of years) 
Grade School COMPLETED 
High School [COMPLETED] (the word "completed" fills the 
Grade School and the High School blocks) 
College 4 
College Degree Required Bachelor's* 
Major Field of Study 
 Elementary Education 
Training - yrs 
Experience 
Job Offered Yrs 2 
Related Occupation Y rs 
Related Occupation (specify) 
15. Other Special Requirements *May be foreign equivalent. 
Page 4 
The beneficiary states her qualifications on Form ETA 750B. In block 11, for information on the names and 
addresses of schools, colleges and universities attended (including trade or vocational training facilities), the 
beneficiary states the following: 
Schools, Colleges Degrees or Certificates 
and Universities. etc. Field of Study From To Received 
Primary1 0611981 0311986 
Intermediate 
High School 0611986 0311990 Diploma 
Nursing 0611990 0311994 Bachelor's 
Elementary 0611 997 0311 998 Bachelor's 
Education 
The record contains a copy of an evaluation report of the beneficiary's education dated September 26, 2000 by 
H.R. Analytical Service of Greenfield, Wisconsin. That report finds that the beneficiary holds a bachelor of 
Science in Nursing (B.S.N.) degree awarded by the University of Iloilo upon completion of a four-year program 
of study in the College of Nursing, awarded in March 1994. The report states that the beneficiary's B.S.N. degree 
is the equivalent of a bachelor of science degree in nursing awarded by a regionally-accredited university in the 
United States. 
The evaluation report finds that certifications from the Vice President for Academic Affairs and from the Dean of 
Central Philippine University, and an Official Transcript of Record issued by Central Philippine University show 
the beneficiary's completion of a teacher certification program and her qualification to teach. 
The report finds that the completion of a post-degree teacher certification program is equivalent to an additional 
major in elementary education at an accredited university in the United States. The report concludes with the 
following summary statement: "Upon review of her educational credentials, we find that [the beneficiary] has the 
equivalent of a Bachelor of Science degree with majors in Nursing and Elementary Education fi-om an accredited 
university in the United States." (Evaluation report by H.R. Analytical Service, September 26,2000, at 1). 
A copy of the foregoing evaluation report was submitted prior to the director's decision. 
The record also contains a copy of a second evaluation report of the beneficiary's education, dated September 24, 
2004, by H.R. Analytical Service, which is newly submitted on appeal. The second report gives further details on 
the beneficiary's course work in the field of education, stating that it included 6 credit hours taken during her 
studies for her B.S.N. degree, plus 18 credits taken in the professional education program of Central Philippine 
University. The second report states that admission to that professional education program requires a bachelor's 
degree in a field other than education. The second report says that the Philippines recognizes two methods to 
become certified as an elementary school teacher. The first is to obtain a bachelor of elementary education. The 
second is to obtain a bachelor's degree in another field and to then complete a certificate for professional 
education program. 
The second evaluation report also states that a certification issued by the president, Central Philippine University, 
states that the beneficiary has qualified to teach general curriculum subjects at the elementary grade level, as well 
as Health and Life Science classes at that level. 
The second evaluation report finds that the beneficiary's bachelor of science in nursing degree plus her teacher 
certification are cumulatively equivalent to a bachelor of science degree with majors in nursing and elementary 
education from an accredited university in the United States. 
Copies of each of the documents referred to in the two evaluation reports have been submitted as evidence in 
support of the instant 1-140 petition. 
CIS may, in its discretion, use as advisory opinions statements submitted as expert testimony. However, if an 
opinion is not in accord with other information or is in any way questionable, CIS is not required to accept 
that evidence, or may give less weight to it. Matter of Caron International, 19 I&N Dec. 79 1 (Comm. 1988); 
Matter of Sea, Inc., 19 I&N Dec. 8 17 (Comm. 1988). 
The only regulation specifying the equivalent of a bachelor's degree in the context of immigrant petitions is one 
which pertains to professionals. The regulation at 8 C.F.R. 5 204.5(1)(2) states in pertinent part 
Professional means a qualified alien who holds at least a United States baccalaureate 
degree or a foreign equivalent degree and who is a member of the professions. 
Skilled worker means an alien who is capable, at the time of petitioning for this 
classification, of performing skilled labor (requiring at least two years training or experience), 
not of a temporary or seasonal nature, for which qualified workers are not available in the 
United States. Relevant post-secondary education may be considered as training for the 
purposes of this provision. 
Concerning the evidence needed to support classification in the above preference categories, the regulation at 
8 C.F.R. $204.5(1)(3)(ii) states in pertinent part: 
(A) General. Any requirements of training or experience for skilled workers, professionals or 
other workers must be supported by letters from trainers or employers giving the name, 
address, and title of the trainer or employer, and a description of the training received or the 
experience of the alien. 
(B) Skilled workers. If the petition is for a skilled worker, the petition must be accompanied 
by evidence that the alien meets the educational, training or experience, and any other 
requirements of the individual labor certification, meets the requirements for Schedule A 
designation, or meets the requirements for the Labor Market Information Pilot Program 
occupation designation. The minimum requirements for this classification are at least two 
years of training or experience. 
(C) Professionals. 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. To 
show that the alien is a member of the professions, the petitioner must submit evidence 
showing that the minimum of a baccalaureate degree is required for entry into the occupation. 
In the definition of "professional," the regulation at 8 C.F.R. 5 204.5(1)(2) uses a singular description of foreign 
equivalent degree. Thus, the plain meaning of the regulatory language sets forth the requirement that a 
beneficiary must have one degree that is determined to be the foreign equivalent of a U.S. baccalaureate degree in 
order to be qualified as a professional for third preference visa category purposes. 
In the instant case, the only bachelor's degree held by the beneficiary is her bachelor of science in nursing degree. 
Although the Form ETA 750B states that the beneficiary also holds a bachelor's degree in the field of education, 
that claim is not supported by any documentary evidence in the record. Moreover, on appeal counsel states that 
the beneficiary was not awarded a bachelor's degree with a major in the field of education. Counsel states that 
the ETA 750B made that claim in order to indicate that the credits which the beneficiary earned through the 
bachelor of elementary education program at Central Philippine University in combination with her bachelor of 
science degree in nursing were equivalent to a bachelor of science degree with an academic major in elementary 
education. 
The evidence in the record is sufficient to establish that the beneficiary holds a single bachelor's degree, based on 
a four-year program of study, and that the beneficiary's bachelor's degree is equivalent to a bachelor's degree 
granted by a regionally accredited college or university in the United States. The beneficiary's major field of 
study for that degree was in nursing. The point at issue is whether the beneficiary's subsequently-earned credits 
in the field of education fiom another university qualify as an additional major field of study in the field of 
education within the meaning of the ETA 750, Part A. 
The beneficiary's situation is distinct from that of a person who might hold a three-year degree from a foreign 
college or university, followed by additional training or additional non-degree course work for credit. Such a 
person's education would not qualify as single foreign degree which is equivalent to a United States bachelor's 
degree. 
As noted above, the record contains a certification by the president of Central Philippine University. That 
certification states in relevant part as follows: 
This is to certify that [the beneficiary] has taken education subjects and completed 18 
credits from the College of Education, at Central Philippine University, Iloilo City and 
completed 6 credits while obtaining her Bachelor of Science in Nursing at University of 
Iloilo, lloilo City. 
This further certifies that the credits she completed at Central Philippine University, in 
addition to her Nursing degree, [which] she obtained from the University of Iloilo, Iloilo City, 
qualify her to teach the general curriculum subjects as an Elementary grade level teacher in 
addition to Health and Life Science Classes at Elementary grade level. 
(Certification by the President, Central Philippine University, September 24, 2004, at 1). 
The certification by the president, Central Philippine University, is sufficient to establish that the beneficiary's 
bachelor of science in nursing degree, combined with her subsequent credits in the field of education, qualifies 
her as an elementary school teacher in the Philippines. However, the ETA 750, Part A, does not list qualification 
to teach elementary school in one's home country or in any other country as one of the required qualifications for 
the offered position. Rather, the ETA 750, Part A, requires a bachelor's degree with a major field of study in the 
field of elementary education. 
Block 15 of the ETA 750, Part A, states that the required education may be the "foreign equivalent" to a 
bachelor's degree with a major field of study in elementary education. (ETA 750, Part A, block 15). But block 
15 provides no definition of the term "foreign equivalent." In the absence of any such definition, the ETA 750, 
Part A, must be considered to require a foreign equivalent degree in the same major field of study as stated in 
block 14, namely in elementary education. In the instant petition, however, the beneficiary's bachelor's degree is 
in a different field of study, namely nursing. The fact that the beneficiary took further courses in the field of 
education after receiving her bachelor of science in nursing degree does not make her degree equivalent to a 
bachelor's degree in the field of elementary education. 
The evidence therefore fails to establish that the beneficiary's education satisfies the requirements of the ETA 
750, Part. A. 
In his decision, the director stated that no documents in the record indicated that the beneficiary had a 
bachelor's degree in education from Central Philippine University. That finding is correct, as counsel has 
conceded on appeal. 
The record before the director contained a certification from the Dean, Central Philippine University, listing the 
beneficiary's coursework in education at that institution. The record also contained a certification from the Vice- 
President for Academic Affairs, Central Philippine University, which states in pertinent part as follows, "The 
credits [the beneficiary] earned at Central Philippine University in addition to her nursing degree she obtained 
from the University of Iloilo, Iloilo City, qualify her to teach courses in Health and Life Sciences as per attached 
transcript of records." (Certification by Vice President for Academic Affairs, June 8, 1998, at 1). Therefore, the 
record before the director established that the beneficiary was qualified to teach courses in health and life 
sciences, but not that she was qualified to teach any other subjects. 
The director found that the evidence failed to establish that the beneficiary had a bachelor's degree in 
elementary education or the foreign equivalent of such a degree, and denied the petition. 
The record before the director lacked the copy of the certification by the President, Central Philippine University, 
which was submitted for the first time on appeal and which states that the beneficiary is qualified in the 
Philippines as an elementary school teacher in general curriculum subjects. The record also lacked a copy of the 
second evaluation report, which was likewise submitted for the first time on appeal and which is based in part on 
the President's certification. The record before the director therefore lacked any evidence that the beneficiary is 
qualified in the Philippines as an elementary school teacher in general curriculum subjects. Nonetheless, as 
discussed above, the beneficiary's qualification as an elementary school teacher in the Philippines does not 
establish that the beneficiary's bachelor of science in nursing degree is equivalent to a United States bachelor's 
degree with a major field of study in elementary education. 
Based on the evidence in the record before the director, the director's decision to deny the petition was 
correct. Moreover, for the reasons discussed above, the assertions of counsel on appeal and the evidence 
newly submitted on appeal fail to overcome the decision of the director. 
Page 8 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. 8 1361. 
The petitioner has not met that burden. 
ORDER: The appeal is dismissed.