dismissed EB-3 Case: Electrical Installation

MATTER OF I-C-E-, INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JUNE 30, 2017 
MOTION ON ADMINISTRATIVE APPEALS OFFICE DECISION 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, an electrical contractor, seeks to employ the Beneficiary as a low voltage system 
installer. It requests classification of the Beneficiary as a skilled worker. See Immigration and 
Nationality Act (the Act) section 203(b)(3)(A)(i), 8 U.S.C. § 1153(b)(3)(A)(i). This 
employment-based immigrant classification allows a U.S. employer to sponsor a foreign national for 
lawful permanent resident status to work in a position that requires at least two years of training or 
expenence. 
The Director of the Nebraska Service Center denied the petition because the offered position does 
not require at least two years of experience or training as required for classification as a skilled 
worker. The Petitioner appealed the matter to us and we affirmed the Director's decision. 
The matter is now before us on a motion to reopen. The Petitioner submits a brief and additional 
evidence, asserting that the Beneficiary qualifies as a skilled worker. Upon review, we will deny the 
motion to reopen. 
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, 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. Section 212(a)(5)(A)(i)(I)-(II) of the 
Act. 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 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. 
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The date the labor certification is filed, in cases such as this one, is called the "priority date." 
Matter of 1-C-E-, Inc. 
II. ANALYSIS 
A motion to reopen is based on documentary evidence of new facts. The requirements of a motion 
to reopen are located at 8 C.F.R. § 1 03.5(a)(2). We may grant a motion that satisfies these 
requirements and demonstrates eligibility for the requested immigration benefit. 
Section 203(b )(3)(A)(i) of the Act, 8 U.S.C. § 1153(b )(3)(A)(i), defines "skilled workers" as "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 experittnce ), not of a temporary nature, 
for which qualified workers are not available in the United States." ' 
' 
The regulation at 8 C.F.R. § 204.5(1)(3)(ii)(B) states that "[t]he minimum requirements for [skilled 
worker] classification are at least two years of training or experience." The determination of whether 
the offered position is for a skilled worker is based on the requirements of position as set forth on the 
labor certification. 8 C.F.R. § 204.5(1)(4). 
Section H.4 of the labor certification associated with this petition states as primary requirements that 
the Beneficiary must have completed vocational high school with a major field of study in electro­
technic or any related field. We held in our prior decision that the primary requirements of the labor 
certification do not require a minimum of at least two years of training or experience. Although 
Section H.8 states that two years of related experience is acceptable as an "alternate combination of 
education and experience," because the labor certification as dtafted permits an individual to qualify 
for the offered position with less than two years or training or experience, the petition cannot be 
approved in the skilled worked category. 1 
Since the Petitioner has not established that the offered position is for a skilled worker, the motion to 
reopen will be denied. 
III. CONCLUSION 
The Petitioner has not established that the offered position is for a skilled worker. 
ORDER: The motion to reopen is denied. 
Cite as Matter of 1-C-E-, Inc., ID# 562369 (AAO June 30, 2017) 
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