dismissed EB-3 Case: Information Systems

U.S. Citizenship 
and Immigration 
Services 
MATTER OF T -C-, INC. 
APPEAL OF TEXAS SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JUNE 29,2017 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a manufacturer of composite decking, seeks to employ the Beneficiary as an 
information systems analyst. 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, concluding that the record did not 
establish, as required, that the Beneficiary had a degree in the field of study specified on the labor 
certification. 
On appeal, the Petitioner submits a brief and additional evidence and asserts that the Beneficiary 
meets the educational requirements of the labor certification. 
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 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. See section 
212(a)(5)(A)(i)(I)-(II) of the Act. Second, the employer tiles an immigrant visa petition with U.S. 
Citizenship and Immigration Services (USCIS). See section 204 ofthe Act, 8 U.S.C. § 1154. Third, 
1 The date the labor certification is filed, in cases such as this one, is called the "priority date.'' See 8 C.F.R. § 204.5(d). 
The Petitioner must establish that all eligibility requirements for the petition have been satisfied from the priority date 
onward. 
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Matter ofT-C-, Inc. 
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 ofthe Act, 8 U.S.C. § 1255. 
One of the requirements of the requested immigrant visa classification is that the beneficiary must 
meet all of the education, training, experience and other requirements specified on the labor 
certification as of the priority date of the petition. See Matter of Wing's Tea House, 16 I&N Dec. 
158, 159 (Acting Reg'l Comm'r 1977). In evaluating the beneficiary's qualifications, we must look 
to the job offer portion of the labor certification to determine the required qualifications for the 
position. We may not ignore a term of the labor certification, nor may we impose additional 
requirements. See Madany v. Smith, 696 F.2d I 008 (D.C. Cir. 1983); K.R.K. Irvine. Inc. v. Landon, 
699 F.2d 1006 (9th Cir. 1983); Stewart Infra-Red Commissary (~f Massachusetts. Inc. v. Coomey, 
661 F.2d 1 (1st Cir. 1981). 
II. ANALYSIS 
The Form I-140, Immigrant Petition for Alien Worker, was accompanied, as statutorily required, by 
a certified ETA Form 9089, Application for Permanent Employment Certification (labor 
certification). The date the labor certification was received by the DOL, December 28, 2015, is the 
priority date ofthe petition. See 8 C.F.R. § 204.5(d). 
In section H of the labor certification the Petitioner specified the following with respect to the 
education, training, and experience required to qualify for the job of information systems analyst: 
4. 
4-B. 
5. 
6. 
6-A. 
7. 
8. 
9. 
10. 
Education: Minimum level required: 
Major Field of Study: 
Is training required in the job opportunity? 
Is experience in the job offered required? 
How long? 
Is an alternate field of study acceptable? 
Is an alternate combination of education 
and experience acceptable? 
Is a foreign educational equivalent acceptable? 
Is experience in an alternate occupation acceptable? 
Bachelor's degree 
Computer Science 
No 
Yes 
36 months 
No 
No 
Yes 
No 
At section H.14 of the labor certification ("Specific skills or other requirements") the Petitioner 
restated that the minimum educational requirement is a bachelor's degree in computer science and 
also specified that the 36 months of qualifying experience must include three years in SQL 
programming, three years in Cognos data warehouse modeling, and three years in Cognos business 
report writing in sales and finance. 
In section J of the labor certification the Beneficiary claimed that he met and exceeded the 
educational requirement for the proffered position with a master's degree in information systems 
management from m Pennsylvania. 
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Matter ofT-C-. Inc. 
As evidence of the Beneficiary's educational credentials, the Petitioner submitted documentation 
showing that he was awarded a bachelor of engineering degree from in India 
on March 1, 2005, and a master's degree in information systems management from 
on May 17, 2009. The Petitioner also submitted an evaluation of the Beneficiary's 
academic credentials from of which asserted that the 
master of information systems management was comparable to a master of science degree in 
computer science and thus satisfied the minimum labor certification requirement of a bachelor's 
degree in computer science. 
The Director found that neither of the Beneficiary's degrees - his bachelor of engineering from 
or his master of information systems management from 
- was in the required field of computer science. The Director pointed out that the 
Petitioner did not identify any alternative field of study on the labor certification that would be 
acceptable. Accordingly, the Director denied the petition on the ground that the Beneficiary did not 
meet the minimum educational requirement of the labor certification. 
On appeal the Petitioner claims that the Beneficiary's master of information systems management is 
a degree within the field of computer science. Citing a supplemental academic evaluation from 
the Petitioner asserts that information systems management is a sub-discipline 
within the broader field of computer science. The evaluation examined the computer science 
coursework in the Beneficiary's bachelor's and master's degree programs and concluded that the 
Beneficiary had completed the requirements for a bachelor's degree in computer science at an 
accredited U.S. university. Viewing the Beneficiary's master's degree field as a sub-discipline of 
computer science, the Petitioner contends that the Beneficiary met the requirements of a bachelor's 
degree in computer science while earning his master's degree in information systems management, 
and thereby satisfies the educational requirement of the labor certification. 
Although the Petitioner claims that information systems management is a sub-discipline of computer 
science, they are not the same field of study. For example, at where the 
Beneficiary earned his master's degree, computer science degrees are offered by the computer 
science department, while master's degrees in information systems management (which is described 
as a "blende~ business-technology program") are offered by the 
Furthermore, the labor certification made no mention of information systems management as an 
acceptable field of study to meet the minimum educational requirement of the job offered. At box 
H.4-B the Petitioner stated that the baccalaureate degree must be in the field of computer science. 
No other field of study was identified. Box H. 7 specifically asks whether an alternate field of study 
was acceptable, to which the Petitioner answered "No." At box H.14 the Petitioner reiterated that 
2 See http://www. 
(last accessed June 2 7, 20 I 7). 
Matter ofT-C-. Inc. 
the mtmmum educational requirement is a bachelor's degree in computer science and did not 
mention another field ·of study. The only acceptable field of study identified anywhere in the job 
offer portion of the labor certification is computer science. 
Nor is there evidence in the record that the Petitioner's advertisements for the position indicated that 
a field of study other than computer science would be acceptable. If the job advertisements specified 
that a degree in computer science was required, U.S. workers with degrees in other fields, even if 
they were related to computer science, may have been discouraged from applying. The record does 
not show how many applications the Petitioner received for the job of information systems analyst, 
what fields of study the applicants had, or how the Petitioner handled their applications. 
In summary, we are bound by the terms of the labor certification as they were drafted by the 
Petitioner and certified by the DOL. According to the labor certification the only acceptable field of 
study to qualify for the job offered is computer science. The labor certification explicitly states that 
an alternate field of study is not acceptable. Since neither of the Beneficiary's degrees is in 
computer science, the Petitioner has not established that the Beneficiary possesses the minimum 
requirements for the offered position as set forth on the labor certification. 
III. CONCLUSION 
The Petitioner has not established that the Beneficiary meets the minimum educational requirements 
of the labor certification to qualify for the information systems analyst position. Specifically, the 
Beneficiary does not have a U.S. baccalaureate (or higher) degree in the field of computer science, 
or a foreign equivalent degree. Accordingly, we will affirm the Director's decision and dismiss the 
appeal. 
ORDER: The appeal is dismissed. 
Cite as Matter ofT-C-, Inc .. ID# 342263 (AAO June 29, 2017) 
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