dismissed EB-3 Case: Information Technology

U.S. Citizenship 
and Immigration 
Services 
MATTER OF P-B-C-
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: MAR. 22, 2017 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a health benefits company, seeks to employ the Beneficiary as a "Sr. Platfonn 
Developer 1." It requests classification of the Beneficiary as a skilled worker under the third preference 
immigrant classification. 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 2 years of training or experience. 
The Director, Nebraska Service Center, denied the petition, concluding that the Beneficiary did not 
meet the education and experience requirements of the ETA Form 9089, Application for Permanent 
Employment Certification (labor certification). 
The matter is now before us on appeal. The Petitioner states that the labor certification allows for 
the combination of education and experience and that the Beneficiary's education and experience 
meets the terms of the labor certification to qualify as a "skilled worker" under section 
203(b)(3)(A)(i) ofthe Act. 
Upon de novo review, we will dismiss the appeal. 
I. LAW 
A. Overview of the Employment-Based Immigrant Petition Process 
A U.S. employer may sponsor a foreign national for lawful permanent residence, which is a 
three-part process. First, the employer must obtain a labor certification from the U.S. Department of 
Labor (DOL) for certification that "there are not sufficient [U.S.] workers who are able, willing, 
qualified, and available" to perform the position offered where the beneficiary will be employed, and 
that the employment of the beneficiary will not "adversely affect the wages and working conditions 
of workers in the United States similarly employed." Section 212(a)(5)(A)(i) of the Act. The date 
the labor certification is accepted for processing by the DOL establishes the priority date, which 
determines when a visa is available for the beneficiary to adjust to lawful permanent status. See 
8 C.F.R. § 204.5(d). 
Matter of P-B-C-
Second, the U.S. employer files a Form I-140, Immigrant Petition for Alien Worker, with the 
approved labor certification, to U.S. Citizenship and Immigration Services (USCIS). To 
demonstrate eligibility for the petition, the petitioner must establish that it has the ability to pay the 
proffered wage to the beneficiary under 8 C.F.R. § 204.5(g)(2), that the position offered and the 
beneficiary meet the minimum requirements for the classification requested, and that the beneficiary 
meets the terms of the labor certification. 
Third, if USCIS approves the Form I-140 and a visa is available based upon the priority date, the 
beneficiary may apply for an immigrant visa abroad or, if eligible, adjustment of status in the United 
States. 
B. Skilled Worker Classification 
Section 203(b)(3)(A)(i) ofthe 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 experience), not of a temporary nature, 
for which qualified workers are not available in the United States." A petition for skilled worker must 
be accompanied by a valid, individual labor certification, an application for Schedule A designation, or 
documentation of a beneficiary's qualifications for a shortage occupation. 8 C.F.R. § 204.5(1)(3)(i). 
For skilled worker classification, the labor certification must require at least 2 years of training or 
experience. See 8 C.F.R. § 204.5(1)(4). 
A petition seeking classification of a beneficiary as a skilled worker must also be accompanied by 
evidence that the beneficiary possess at least 2 years of training or experience, see 8 C.F.R. 
§ 204.5(1)(3)(ii)(B), and otherwise meets all of the requirements of the offered position set forth on 
the labor certification by the priority date of the petition. See Matter <~f Wing ·s Tea House, 16 I&N 
Dec. 158, 159 (Acting Reg'l Comm'r 1977); see also Matter qfKatigbak. 14 I&N Dec. 45,49 (Reg' I 
Comm'r 1971). 
II. ANALYSIS 
At issue in this case is whether the Beneficiary meet~ the terms of the labor certification. Here, the 
labor certification states that the offered position has the following minimum requirements: 
H.4. 
H.5. 
H.6. 
H.7. 
H.8. 
H.8-A. 
H.8-B. 
Education: Bachelor's degree in computer science. 
Training: None required. 
Experience in the job offered: None required. 
Alternate field of study: Engineering or related IT field. 
Is there an alternate combination of education and expenence that IS 
acceptable? Yes. 
If Yes, specify the alternate level of education required: None. 
If Other is indicated in question 8-A, indicate the alternate level of education 
required: Left blank. 
2 
Matter of P-B-C-
H.8-C. 
H.9. 
H.lO. 
H. lO-A. 
H. lO-B. 
H.14. 
If applicable, indicate the number of years experience acceptable in question 
8: 9. 
Is a foreign educational equivalent acceptable? Yes. 
Is experience in an alternate occupation acceptable? Yes. 
If Yes, number of months experience in alternate occupation required: 60. 
Identify the job title of the acceptable alternate occupation: "PeopleSoft, 
Siebel or related application development role." 
Specific skills or other requirements: 
Education requirement: Bachelor's degree, or foreign degree 
equivalent, in Computer Science, Engineering or related IT field.*** 
Experience requirements: Five (5) years of experience in a PeopleSoft, 
Siebel or related application development role which includes:*** 
• CRM with focused perspective on business functions. 
• Demonstrated ability to analyze medium to large, moderately 
complex, business needs to determine appropriate solutions and 
design; construct/modify code to meet business needs based on 
program specifications; analyze and resolve medium to large 
size/risk production problems related to assigned applications. 
• Working knowledge of Agile and SCRUM methodologies. 
*** Employer will accept four additional years of experience as stated 
above in lieu of a bachelor's degree. 
Experience may be gained concurrently. Any suitable, equivalent 
combination of education, experience or training is acceptable, as are 
foreign degree equivalents. 
USCIS must examine "the language of the labor certification job requirements" in order to determine 
what the petitioner must demonstrate about the beneficiary's qualifications. Madany v. Smith, 
696 F.2d 1008, 1015 (D.C. Cir. 1983). The only rational manner by which USCIS can be expected 
to interpret the meaning of terms used to describe the requirements of a job in a labor certification is 
to "examine the certified job offer exactly as it is completed by the prospective employer." Rosedale 
Linden Park Company v. Smith, 595 F. Supp. 829, 833 (D.D.C. 1984) (emphasis added). USCIS's 
interpretation of the job's requirements, as stated on the labor certification must involve "reading 
and applying the plain language of the [labor certification]." Id. at 834 (emphasis added). USCIS 
will not look beyond the plain language of the labor certification to determine the employer's 
claimed intent. 
Here, labor certification indicates that the job offered requires a bachelor's degree, or foreign degree 
equivalent, in computer science, engineering, or a related IT field, along with 5 years of experience 
3 
.
Matter of P-B-C-
in a "PeopleSoft, Siebel or related application development role." Section H.14 states that the 
Petitioner '.'will accept four additional years of experience as stated above in lieu of a bachelor's 
degree." The plain meaning of these terms is that the position offered requires either: (1) a 
bachelor's degree in computer science, engineering or a related IT field and 5 years of the specific 
experience indicated above; or (2) 9 years of "experience in a PeopleSoft, Siebel or related 
application development role." 
For the reasons discussed below, we do not find that the Beneficiary meets either the primary or the 
alternate requirements of the labor certification in order to qualify for the position ofJered. 
A. Primary Requirements 
Parts H.4 and H.7 of the labor certification state primary requirements of a bachelor's degree in 
computer science, engineering or a related IT field and, as stated in H.l4, 5 years of experience in a 
PeopleSoft, Siebel or related application development role. 
The record contains a copy of the Beneficiary's degree and accompanying transcripts which indicate 
that she completed a bachelor of science degree in accountancy from in 
Philippines in 2003. Part K of the labor certification states that the Beneficiary was 
employed as a "Functional Designer/Siebel" for from June 1, 2004, until January 7, 
2012. The record contains a letter from the Manager for confirming this 
expenence. 
While the Beneficiary's bachelor's degree in accounting is the foreign degree equivalent of a U.S. 
bachelor's degree, it is not in one of the fields required on the labor certification. In attempting to 
demonstrate that the Beneficiary may qualify for the position, the Petitioner submitted two credential 
evaluations seeking to combine the Beneficiary's degree with professional experience. The first 
evaluation is from Visiting Assistant Professor in the Department of Design 
and Management at The evaluator references the Beneficiary's 
employment experience and states that her more than 7 years of experience for "reflect 
the time equivalent of not less than two additional years of Bachelor's-level academic training in 
Management Information Systems." He concludes that the Beneficiary's "experiential qualifications 
are comparable to university-level training in Management Information Systems" and that she "has 
attained the equivalent of at least a Bachelor of Science degree in Management Information Systems 
from an accredited institution of higher education in the United States." 
Here, we find that the evaluator's conclusion does not match the requirements of the labor 
certification. The evaluator concludes that the Beneficiary's 7 years of experience for is 
equivalent to 2 additional years of bachelor's-level academic training. Accordingly, the evaluator 
concludes that the Beneficiary has attained the equivalent of at least a U.S. bachelor's degree in 
management information systems. However, the terms of the labor certification require a bachelor 's 
degree and 5 years of specific experience. By viewing 7 years of the Beneficiary's experience 
4 
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Matter of P-B-C-
toward abachelor's degree equivalency as the evaluator claims, the record would not establish that 
the Beneficiary possesses the additional 5 year~ of required experience. 
The record also contains an evaluation from Associate Professor in the 
Department of for 
The evaluator states that the Beneficiary has, at the time of the evaluation in 2009, 
completed 5 years and 8 months of progressively responsible qualifying work experience in 
management information systems and related areas . The evaluator refers to a USCTS equivalency 
ratio of 3 years of experience for I year of college training and concludes that the Beneficiary's 
experience is equivalent to at least I year (closer to 2 years) of college-level study required for a 
U.S. bachelor's degree. 1 The evaluator concludes that the Beneficiary possesses the equivalent of a 
bachelor of science degree with a dual major in management information systems and accounting 
from an accredited institution of higher education in the United States. 
Here again the evaluator's conclusion does not match the requirements of the labor certification. 
The evaluator concludes that the Beneficiary's 5 years and 8 months of experience for is 
equivalent to 1-2 additional years of bachelor 's-level academic training. Accordingly, the evaluator 
concludes that the Beneficiary has attained the equivalent of at least a U.S. bachelor's degree with a 
dual major in management information systems and accounting. However, the terms of the labor 
certification require a bachelor's degree and 5 years of specific experience. By viewing 5 years and 
8 months of the Beneficiary's experience toward a bachelor's degree equivalency as the evaluator 
claims, the record would not establish that the Beneficiary possesses the additional 5 years of 
required experience. 
The evaluations in the record each state that when combined with professional experience , the 
Beneficiary's bachelor's degree in accounting can be deemed the equivalent of a bachelor's degree 
in management information systems, one of the fields allowed by the labor certification's acceptance 
of degrees in "IT related" fields. However, in counting the Beneficiary's years of experience toward 
her degree in a required field, the Beneficiary no longer has sufficient experience to meet the 5 years 
of additional experience requirement. 2 As such, the record does not demonstrate that the Beneficiary 
meets the primary requirements of the labor certification. 
1 
We note the rule to equate 3 years of experie~ce for I year of education applies to non-immigrant H-1 B petitions, not to 
immigrant petitions. See 8 CFR § 214.2(h)(4)(iii)(D)(5). 
2 
While the Petitioner noted on the labor certification that experience could be gained concurrently , we read that to mean 
that a beneficiary could simultaneously earn experience in the specific skills ("CRM with focused perspective on 
business functions," "[d]emonstrated ability to analyze medium to large, moderately complex, business needs to 
dete~ine. appropriate solution s and design ; construct /modify code to meet business needs based on program 
spec1ficat10ns; analyze and resolve medium to large size/risk production problems related to assigned applications ," and 
"[w]orking knowledge of Agile and SCRUM methodologies ") required by the labor certification . 
5 
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Matter of P-B-C-
B. Alternate Requirements 
Part H.14 of the labor certification states that the Beneficiary could alternatively qualify for the 
. proffered position with 9 years of "experience in a PeopleSofl, Siebel or related application 
development role" in lieu of possessing a bachelor's degree and 5 years of experience in those roles. 
The record indicates that the Beneficiary possesses 7 years and 7 months of experience as . a 
"Functional Designer/Siebel Developer/Application Team Lead" for from June 
2004 until January 7, 2012. This experience does not meet the 9 years of experience as required by 
the terms of the labor certification. 
In addition, the record does not establish that the Beneficiary could rely upon experience gained 
while employed by the Petitioner. The labor certification states that the Beneficiary began working 
for the Petitioner in the proffered position of "Sr. Platform Dev. I" on February 27, 2012. Under 
20 C.F.R. § 656.17(i)(3)(i), a petitioner may not rely on a beneficiary's experience gained while 
working for the employer in a position that is "substantially comparable" to the position offered. Here, 
the Petitioner has not established that the Beneficiary's employment with the Petitioner is in a position 
that is not substantially comparable to the position offered. Therefore, the Petitioner has not established 
that the Beneficiary meets the alternate requirements of the labor certification. 
III. CONCLUSION 
In summary, we conclude that the Petitioner has not established that the Beneficiary meets the 
requirements of the labor certification. 
ORDER: The appeal is dismissed. 
Cite as Matter of P-B-C-, ID# 263 781 (AAO Mar. 22, 20 17)