dismissed EB-3 Case: Graphic Design

U.S. Citizenship 
and Immigration 
Services 
MATTER OF S-F-C-0-A-, INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: APR. II, 2018 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: 1-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner. a warehouse and distributor of portable hydraulic lifting equipment, seeks to employ the 
Beneficiary as graphic designer. It requests classification of the Beneficiary as a professional under the 
third preference immigrant category. 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 Nebraska Service Center denied the petition. The Director found that the 
Beneficiary does not meet the minimum educational requirement tor the job under the terms of the labor 
certification because he does not have a degree in the requisite field of study. 
On appeal the Petitioner asserts that the Director neglected to consider an educational credential 
evaluation that was initially submitted with the petition and resubmitted in response to the Director's 
request lor evidence (RFE). According to this evaluation, the Beneficiary has a foreign equivalent 
degree to a U.S. baccalaureate that meets the field of study requirement of the labor certification. 
Upon de novo review, we will dismiss the appeal. 
l. LAW 
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). 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 U.S. workers similarly employed. See section 212(a)(5)(A)(i)(l)­
(ll) of the Act. Second, the employer tiles 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. 
.
Mauer ofS-F-C -0-A-. Inc. 
The regul ation at 8 C.F .R. ~ 204 .5(1)(3)(ii)(C) states, in pertinent part : 
lf the petition is for a profess ional , the petition must be accompanied by evidence that 
the [benetl.ciary.l hold s a United States bacc alaureate degree or a fo reign equivalent 
deg ree . . . . Evidence of a bacca laureate degree shall be in the form of an otli cial 
college or university record sho'>ving the dare the baccalaureate degree was awarded 
and the area of concentrati on of studv . . . 
A benefic iary mus t meet also all of the educatio n, training , exper ience, and other requ irement s of the 
labor cert ificat ion as of the petition's priority date.
1 
See Maller (~f'Wing ·s Tea House , 16 I&N Dec. 
158, 159 (Ac ting Reg ' ! Comm'r 1 977). 
II. ANALYSIS 
At issue in this case is whether the Benefici ary has a bachelor's degree or higher in the requisite field 
of study to satisfY the minimum educati onal requirement of the labor certification . For the reasons 
discussed in this decision, we conclud e that he does not. 
In order to determine what a job opportunity requir es, we must examine "the language of the labor 
certificationjob requirements." Madany v. Smith, 696 F.2d 1008, 1015 (D.C. Cir. 1983). USCIS must 
exami ne the certified job offer exactly as it is completed by the prospective e mploye r. See Rosedale 
Linden Park Compony v. Smith , 595 F. Supp. 829, 833 (D.D.C. 1984). Our interpretation of the job's 
requiremen ts must involve reading and applying the plain language of the alien emplo yment 
certification application lom1. lei. at 834. 
Sec tion H of the labor cer1ification sets forth the minimum educati on, traini ng, experience, and other 
requirements to qualify for the ·proffered p osition. In this case, sect ion H states that the minimum 
leve l of education required for the job of graphic designer is a bach elor's degree in the tleld of 
graphic desig n (boxes 4 and 4-B) o r a "foreign educa.tional equiv alent" (box 9). Sec tion H also 
states (in box 7) that an alternate field of study is not acceptable. 
Section J of the labor certifkation claims that the Beneficiary's highest level of education relevant to 
the job oflered is a master's degr ee in the tl.eld of studio art that was completed in 2002 at the 
in The initi al evidence submitted with the petition included 
documentation of an earlier degree the Benefic iary was awarded in \t1arch 1994 by the 
in Thai land followi ng the completion of a four-year, eight­
semes ter academic program. The degree was a bachelor of communicati on arts ·with a maj or in 
journ alism. Documentation of the Benefic iary's subsequent degree from the 
sub mitt ed in response to the Director's RFE, shows that he began his master 's degree program in 
1 The "priority dare'' of a pe;ition is the date the underlying labor certification is filed with the DOL. See 8 C.F.R. 
§ 204.5(d). In this case the priority date is August 16, 20l I. 
2 
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Mwter of S-F-C-0-.--'I-. Inc. 
1998 and was awarded a master of arts in studio art in December 2001. The Director found thar 
neither of these degrees was in the required field of graphic arts and concluded that the Beneficiary 
did not meet the minimum educational requirement of the labor certification to qualify for the job 
offered. 
On appeal the Petiti<mer con:e:1ds tha: the Director overk•oked the educational e-valuation from 
of evaluatiiJn), which claims tha1 the Beneficiaris bacheJc.r o~ 
communication arts from is equivalent to a bachelor of arts in graphic design from an 
accredited U.S. college or university. asserts that the Beneficiary "completed an 
unusually high number of credits in the area of graphic software applications, including the Adobe 
suits," and states that he examined the Beneficiary's diploma and academic transcript from 
as well as a letter from the School of Communication Arts, in evaluating the Beneficiary's 
educational credentials. does not identify any speciftc courses in the Beneficiary's 
curriculum, however, which l'eatured graphic software applications or Adobe suits. Ne[ther of those 
terms appears in any course listed on the Beneficiary's academic transcript from As for the 
letter from a faculty member of School of Communication Arts, it simply states that the 
Beneficiary was registered for a course in newspaper and magazine production in 1993 (during his 
last semester of study) in which he learned to use various "graphic soflwarc" including Adobe 
Photoshop, Adobe Illustrator, and Pagemaker (torerunners of Adobe lndesign). The letter does not 
mention any other graphic design component to the Beneticiary' s degree program at Thus, 
the documentation cited by as the basis for his credential evaluation identifies only one 
course in the Beneficiary's eight-semester degree program which featured a graphic design 
component. does not otherwise identify any evidence or provide analysis to support his 
conclusion that the Beneficiary's degree is equ1valent to a U.S. bachelor's degree in graphic design. 
The Petitioner also states on appeal that the evaluation "specifically addresses the additional credit 
hours taken by the Beneticiary in obtaining his Degree in Communication Art that specitica1ly 
overlap/accredited to be sufficient to someone \-vho obtained a US bachelor's Degree of Arts in 
Graphrc Design." As noted above, hmvever, and contrary to the Petitioner's assertion, the 
evaluation does not identi I)' any addi tionaJ credit hours taken by the Beneficiary that ; ;overlap" \vith 
a U.S. bachelor" s degree program in graphic design. Neither the evatuation nor any other 
evidence from the Petitioner explains a correlation between the courses taken by the Beneficiary and 
courses that v>oLid be required Lo earn a bachelor's degree in graphic des~gn from a L-.s. college or 
un i ve rs lt~'. 
users cor.siders equivalency evalcations of foreign aca.deoic credent:ais as .advisor,-· opinions in 
the adjudication process. However, when an evaluation 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 l'vfatrer ol 
Camn International. 19 l&N Dec_ 791 (Comm'r 1988); Matter (~f Sea. Inc .. 19 I&N Dec. 817 
(Comm'r 1988). For the reasons discussed above, the evaluation is not sufficient to establish 
that the Beneticiary's bachelor of communication arts \vith a major in joumalism from is 
equivalent to a bachelor's degree in the field of graphic design from an accredited U.S. college or 
university. 
3 
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Matter ojS-F-C-0-A-. Inc. 
Though the Petitioner di d not mention the Beneticiary 's other degree on appeal, we concur with the 
Director 's finding that the evidence of record does not show that the master of arts in studio art from 
the is the same as a degree in the field of graphic design. The Petitioner has 
not identified any specific courses in the Beneficiary's academic transcript which feature a graphic 
design component. Nor has the Petitioner submitted any educational evaluation which explains why 
this particular degree in the field of studio art also qualifies as a degree in the field of graphic design. 
Based on the foregoing analysis, \Ve conclude that neither of the Beneficiary 's degrees is in the field 
of graphic design, as required to meet the minimum educational requirement of the labor 
certification. 
IlL CONCLUSION 
The Petitioner has .not established that the Beneficiary has the education required by the terms of the 
labor certification. 
ORDER: The appeal is dismissed. 
Cite as Mafler (~(S-F-C-0-A-. Inc., ID# 998700 (AAO Apr. II, 2018) 
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