dismissed EB-3 Case: Management Consulting

U.S. Citizenship 
and Immigration 
Services 
MAlTER OF 0-W-, INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JUNE 20, 2018 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The. Petitioner, a management and financial services consulting firm, seeks to employ the 
Beneficiary as a CIB Engagement Manager I.· It requests classification of the Beneficiary as a 
professional under the third preference immigrant classification. 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 Acting Director of the Nebraska Service Center denied the petition, concluding that the record 
did not establish, as required, that the Beneficiary met the requirements of the offered position set 
forth on the labor certification. Specifically, the Director determined that the Beneficiary's degree 
from a university in Germany is not equivalent to a U.S. bachelor's degree. 
On appeal, the Petitioner submits additional evidence and asserts that the Beneficiary has the 
equivalent of a U.S. bachelor's degree. 
Upon de novo review, we will dismiss the appeal. 
I. THE EMPLOYMENT-BASED IMMIGRATION PROCESS 
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, the 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 files 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 
1 The priority date of a petition is the date the DOL accepted the labor certification for processing, which in this case is 
January 9, 2017. See 8 C.F.R. § 204.5(d). 
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MatterofO-W- , In c. 
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. 
II. THE BENEFICIARY'S EDUCATION 
The Director concluded that the Petiti oner did not establish that the Beneficiary possesse d the 
education required by the labor certification as of the priority date. 
A beneficiary must meet all of the requir ements of the offered pos1t1on set forth on the labor 
certification by the priority date of the petition . 8 C.F.R. § 103.2( b )(I), (12); Maller (~l Wing 's Tea 
House, 16 I&N Dec. 158, 159 (Acting Reg'l Comm'r 1977). In this case, the labor certification 
requires a master's degree in business administration , engineering, economic s, or related quantitative 
field and 24 month s of strateg ic manag ement consulting experience focusing on business strategy; or 
a baclielor ' s degree and three years of experience. Part H .14 of the labor certification lists additional 
required special skills. At issue here is the Beneficiary's education. 
The labor certifica tion states that the Beneficiary qualifies for the offered position based on his 
bachelor's degree in bus iness admini stration from the in G erman y, issue d 
on June 15, 2011. With the petition , the Petitioner submitted the Beneficiary 's bachelor of science 
degree in business administration from the toget her with English 
trans lation. It also submitted the Beneficiary's tran script from the together 
with English translation , indicating that the Benefici ary attended six semesters of college and earned 
183 European Credit Transf er System (ECTS) credits. The Peti tioner also submitt ed an eva luatio n 
of the Benefici ary's education prep ared by the It states that the 
Beneficiary 's education is equivalent to a U.S. bachelor of business admini stration degree with a 
concentration in finance. 2 
In a request for evidence (RFE), the Director indicated that the Electronic Database for Global 
Education (EDGE) 3 shows that the Beneficiary's bachelor of science degre e is e quival ent to three 
years of university study in the United States. The RFE asked the Petitioner to submit eviden ce 
estab lis hing that the Benefic iary's degree is eq uiva lent to a four -yea r U.S. bac helor 's degree . fn 
response to the RFE, the Petitioner asserted that its alternate education requi rement docs not exclude 
three-year bachelor's degrees , and that the Benefici ary's three- year bachel or's degree qualifies h im 
2 USCIS may, in its discretion, use as advisory opinions statements submitted as expert tes timony. However , where an 
opinio n is not in accord with other information or is in any way questionable, USCIS is not required to accep t o r may 
five less weight to that evidenc e. Matter of Caron Internation al, 19 I&N Dec. 79 1 (Comm 'r 1988) . 
EDGE was crea ted by the American Asso ciation of Collegiate Registrars and Admission s Officers 
(AACRAO). According to its webs ite, AACRAO is "a nonprofi t, voluntary , profess iona l association of more than 
11 ,000 higher educatio n professiona ls who represe nt approximately 2,600 institu tio ns in more than 40 coun tries." A how 
AACRAO, https://www. aacrao.orglw ho-we-ar c (last visited June 11, 2018). According to the registration page for 
EDGE, EDGE is "a web-bas ed resource for the evaluation of foreign educa tional credentials." AACR AO EDGE, 
http://cdge.aacra o.org/info.php (last visited June 11 , 20 18). 
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Matt er of O-W-, Inc. 
for the offered position. It submitted evide nce showing that other employ ees in the offered job hold 
three-year bachelor ' s degre es.4 
In her deci sion, the Director detennined that the Beneficiary's degree is equivalent to a three-year 
Bachelor (FH) degree in Germ any and represents only three years of U.S. college education. Under 
the profession al classificati on, the Director indicated that the Beneficiary mu st h ave the e qui valent 
of a four-year bachelor's degree. Matt er of Shah , 17 I&N Dec. 244, 245 (Comm'r 1977). The 
Director further noted that no evidenc e was submitted to establi sh that the other workers' petitions 
had been approved under the profession al classification . 
On appeal, the Petitioner asse rts that the Beneficiary completed the equivalen t of a four-year U.S. 
bachelor's degree in Ge rman y. The Petitioner submits an academic evaluation from 
.. of The evaluation sta tes that the Benefici ary has the equivalent 
of a four-year U.S. bachelor of busine ss administr ation degree with a concentration in finance. The 
evaluation indicates that the Benefici ary complet ed an Abitur program of " prelim inary post-
secondary studie s" at in Germany prior to 
completing his bachelor of science degree at the . It states that the Abilllr 
program includ ed one year of univer sity-level studi es, equivalent to the first year of college in the 
United State s. Thus, the evaluation indicates that the applicable EDGE entry for the Benelici ary's 
degree from the which was awarded after the Benefi ciary completed 13 
years of prim ary and second ary school followed by three years of unive rsity s tudy, equates the 
degree to a U.S. bachelor' s degree. 
On appeal , the Petitioner relies on a different EDGE entry than the one relied on 
by the Directo r. 
The Director utilized the EDGE entry for a Germ an "Bachelor (FH)," which EDGE indicates is 
awarded after completion of six semesters (180 ECTS) at a German univer sity of applied scien ces.5 
AACRAO EDGE, http://edge. aac rao.orgl country/cr edential/b achelor-fh ?cid=sin gle (last visited June 
11, 2018). ED GE states that the German Bachelor (FH) represents attainment of a level of education 
comparable to three years of postsecond ary study in the United States. !d. 
The evaluation submitt ed by the Petiti oner on a'ppeal asse rts that the is a 
German resea rch univer sity, and not a universi.ty of applied sciences as refe renced m the EDGE 
4 
If the petit ion is for a professional , the petition must be accompa nied by evidence that the beneficiary ho lds a United States 
baccalaureate degree or a fo reign equivalent degree and by evidence that the beneficiary is a member of the professi ons. 8 
C.F.R. § 204.5(1)(3)(ii)(C). The petitioner must submi t evidence showi ng that the minimum of a bacca laureate degree is 
required for entry into the occupation. See 8 C.F. R. § 204.5(1)(3)(ii)(C). In addition, the job offer portion of the labor 
certificat ion underlying a petition for a profession al "must demonstr ate that the job requires the minimum of a baccalaureate 
degree ." 8 
C.F.R. § 204.5(1)(3)(i). In this case, if the job offered does not require a U.S. baccalaureate degree or a foreign 
equiva lent degree, the petition may not be approved in the profess ional classificat ion. 
5 The e ntry requirement for a Bachelor (FH) is a Zeugnis der Fachhochschulreife, which "represents atlai nmen t of a 
level of educ ation comparable to completion of a vocational or other spec ialized high schoo l curriculum in the United 
States." AACRA O EDGE, http ://edge.aacn io.o rglcountry/cr edential/zeugni s-der-fachhochschulreife ?cid= single (last 
visited June 11, 2018). 
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Matter ofO- W-, Inc. 
entry for the Bachelor (FH) . Thus, it asserts that this EDGE entry does not apply . Instead, the 
Petitioner asse rts that the Beneficiary has a German "Bakkalaureaus (Bachelor)," which EDGE 
indicates is awarded after three to· four of university study preceded by ] 3 years of primary and 
secondary school. 6 AACRAO EDGE, 
http://edge.aacrao.orglcountry/credential/bakkalaureus?cid=single (last visited June 11, 2018). 
EDGE states that the German Bakkalaureaus "represents attainment of a level of education 
comparable to a bachelors degree in the United States." ld. 
On appeal, the Petitioner submits an English translation of an "Abitur Graduation Program and 
Leaving Certificate." 7 The translation states that the Beneficiary receiv ed his Abitur from 
in 2007. The Abitur translation appea rs to support the 
Petitioner ' s assertion that the Beneficiary has the equivalent of a U.S. bache lor's degree, based on 
completion of the Abitur and the Bakkalaureaus . However, the Petition er has not prov ided a copy of 
the Beneficiary's German language Abitur. Without the foreign language document , we cannot 
determine whether the Beneficiary possessed the education required by the labor certification as of 
the priority date . A petitioner bears the burden ~f establishing eligibility for the immigr ation benefit 
sought. Section 291 of the Act, 8 U.S.C. § 1361;:Matter of Skirball Cultural Ctr., 25 l& N Dec. 799 , 
806 (AAO 2012). The Petitioner has not met its ?urden in this case. 
Thus, the Petitioner has not established that the Beneficiary possessed the education required by the 
labor certification as of the priority date. 
Ill. ABILITY TO PAY THE PROFFERED WAGE 
The Director incorrectly determined that the Petitioner established its continuing ability to pay the 
proffered wage from the petition's priority date onward. The proffer ed wage is $153,000 per year. 
The regulation at 8 C.F.R. § Z04.5(g)(2) states, in part: 
Ability of prospective employer to pay wage. Any petition filed by or for an 
employment-based immigrant which requir es an offer of employment must be 
accompanied by evidence that the prospective United State s employer has the ability 
to pay the proffered wage. The petitioner must demonstrate this ability at the time the 
priority date is established and continuing until the beneficiary obtains lawful 
6 The entr y requirement for a Bakkalaureaus is a Zeugnis der allgemeinen Hochschulreife, which "represe nts allainment 
of a level of education comparable to completion of senior high school in the United States with the possib ility of 
awarding up to one year of advanced credit." AACRAO EDGE, http://edg e.aac rao.orglco untry/cre den tial/zeugnis-der­
allgemeinen-hochschulrcifc-ii?cid=singlc (last visited June 11, 2018). It is also k nown as the Abiwr, the capstone 
examination admi nistered at the end of 13th grade. AACRA 0 EDGE, http://edge.aacrao.or g/country/ ovcrvicw/gc rmany­
overvicw (last visited June 11, 2018). 
7 A full English language translation must accompany any document containing foreign language. 8 C.F.R. 
§ 103.2(b)(3). 
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Matter of 0- W-, Inc. 
permanent residence. Evidence of this ability shall be either in the form of copies of 
· annual reports, federal tax returns, or audited financial statements. 8 
In determining a petitioner 's ability to pay, we tirst examine whether it paid a beneficiary the full 
proffered wage each year from a petition's priorit y date. If a petition er did not pay a benefi ciary the 
full proffered wage, we next examine whether it had sufficient annual amount s of net income or net 
current assets to pay the difference between the proffered wage and the wages paid , if any. If a 
petitioner 's net income or net current assets are insufficient, we may also consider other evidence of 
its ability to pay the proffered wageY 
In this case , the Petitioner submitted copies of paychecks demon st rating that it employed and paid 
the Beneficiary $96,050.02 through May 15, 2017 . The Petitioner must demonstrate its abili ty to 
pay the diff ere nce between the annual proffered wage and the amounts it paid to the Beneficiary, 
which is $56,949.98 in 2017. However, the Petitioner did not submit its federal tax return , audited 
financial statements, or annual report for 2017 as required by 8 C.F.R. § 204.5(g)(2). Instead , it 
submitted the 2016 annual report of its paren t company, , a separate 
entity! 0 While the annual report shows the operat ing revenues of the Petitioner for 2016, it does not 
show the Petitioner 's net income or net current assets for 2017, the year of the priorit y date. Thus~ 
the Petitioner has not establish ed its continuing ability to pay the proffere d wage from the petitio~'s 
priority date onward. 
IV. CONCLUSION 
The Petitioner has not established that the Ben eficiary possessed the education requir ed by the labor 
certification as of the priority date. Further , the Petitioner has not established its continuing ability 
to pay the proffered wage from the petition's pric~rity date onwa rd 
11 lf a petitioner employs 100 or more workers, we may accep t a statement from a financial officer o f the petitioner which 
establishes its ability to pay the pro ffered wage. 8 C.F.R. § 204.5(g)(2). In this case, a ltho ugh the petition in d icate~ that 
the Petitioner employs 3,000 work ers, the Petitioner did no t submit a leLter from a financial office r indicating that it 
employs 100 o r more workers. 
9 Federal court s have upheld our method of determining a petitioner's abilit y to pay a proffered wage. See, e.g .. River St. 
Donllts, LLC v. Napolitano, 558 F. 3d 111, 118 (1st Cir. 2009) ; Tongatapt t Woodcraft Haw., Ltd. v. Feldman , 736 F.2d 
. 1305, 1309 (9th C ir. 1~84); Estrada-Hemandez v. Holder, -- F. Supp. 3d-- , 20 15 WL 3634497, *5 (S.D. Cal. 20 15); Rizvi 
v. Dep 't of Homeland Sec., 37 F. Supp. 3d R70, 883-84 (S.D. Tex. 2014), af('d, 627 Fed. App'x . 292, 294 -295 (5t h Cir. 
2015). 
111 Because a corporation is a sepa rate and distinct legal entity from its shareholder , the income and asse ts of the 
Petitioner 's parent company cannot be considered in determining its abilit y to pay the proff ered wag e. See Matter of 
Aphrodite l11vs., Ltd., 17 I&N Dec. 530 (Cornm'r 1980). In a similar case , the court in Sitar v. Ashcroft , No. Civ. A. 02-
30197-MAP , 2003 WL 22203713 (D. Mass. Sept. 18, 2003) stated, "nothing in the governing regulatio n, 8 C.F.R. 
§ 204.5 , permit s [USCISJ to consid er the financial r eso ur~es of individuals or entities who have no legal ob ligation to 
pay the wage." 
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Matter of O-W-, Inc. 
ORDER: The appeal is dismissed. 
Cite as Matter of O-W-, Inc., ID# 1493294 (AAO June 20, 2018) 
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