dismissed EB-3 Case: Software Engineering

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: Nov. 15, 2023 In Re: 28744418 
Appeal of Nebraska Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (Professional) 
The Petitioner, a manufacturer of training simulators, seeks to employ the Beneficiary as a software 
integration engineer. It requests classification of the Beneficiary under the third-preference, 
immigrant classification for professional workers. Immigration and Nationality Act (the Act) section 
203(b)(3)(A)(ii), 8 U.S.C. § 1153(b)(3)(A)(ii). This employment-based, "EB-3" category 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, concluding that the Petitioner did not 
establish that the Beneficiary met the minimum requirements for the offered position. The matter is 
now before us on appeal. 8 C.F.R. § 103.3. 
The Petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence. 
Matter of Chawathe, 25 l&N Dec. 369, 375-76 (AAO 2010). We review the questions in this matter 
de novo. Matter of Christa's, Inc., 26 I&N Dec. 537,537 n.2 (AAO 2015). Upon de novo review, 
we will dismiss the appeal. 
I. LAW 
Employment-based immigration generally follows a three-step process. To permanently fill a position 
in the United States with a foreign worker, a prospective employer must first obtain certification from 
the U.S. Department of Labor (DOL). See section 212(a)(5) of the Act, 8 U.S.C. § 1182(a)(5). DOL 
approval signifies that insufficient U.S. workers are able, willing, qualified, and available for a position. 
Id. Labor certification also indicates that the employment of a foreign national will not harm wages and 
working conditions of U.S. workers with similar jobs. Id. 
If DOL approves a position, an employer must next submit the certified labor application with an 
immigrant visa petition to U.S. Citizenship and Immigration Services (USCIS). See section 204 of 
the Act, 8 U.S.C. § 1154. Among other things, USCIS considers whether a beneficiary meets the 
requirements of a certified position and a requested immigrant visa classification. If USCIS approves 
the petition, a foreign national may finally 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. 
II. ANALYSIS 
The regulation at 8 C.F.R. § 204.5(1)(2) defines "professional" as "a qualified alien who holds at least 
a United States baccalaureate degree or a foreign equivalent degree." A petition seeking professional 
classification, therefore, must be accompanied by a labor certification that requires the minimum of a 
baccalaureate degree to qualify for the proffered position. 8 C.F.R. § 204.5(1)(3)(i). A beneficiary must 
meet all of the education, training, experience, and other requirements of the labor certification as of the 
petition's priority date, 1 which in this case is December 14, 2021. See Matter of Wing's Tea House, 16 
I&N Dec. 158, 159 (Acting Reg'l Comm'r 1977). 
A. Requirements of the Labor Certification 
In order to determine what a job opportunity requires, we must examine "the language of the labor 
certification job requirements." Madany v. Smith, 696 F.2d 1008, 1015 (D.C. Cir. 1983). USCIS must 
examine the certified job offer exactly as it is completed by the prospective employer. See Rosedale 
Linden Park Company v. Smith, 595 F. Supp. 829, 833 (D.D.C. 1984). Our interpretation of the job's 
requirements must involve reading and applying the plain language of the labor certification application. 
Id. at 834. Moreover, we read the labor certification as a whole to determine its requirements. "The Form 
ETA 9089 is a legal document and as such the document must be considered in its entirety." Matter of 
Symbioun Techs., Inc., 2010-PER-10422, 2011 WL 5126284 (BALCA Oct. 24, 2011) (finding that a 
"comprehensive reading of all of Section H" of the labor certification clarified an employer's minimum 
job requirements). 
In this case, section H of the labor certification states the following with respect to the requirements 
for the proffered position of software integration engineer: 
H.4. Education: Minimum level required: Bachelor's Degree 
H.4-B Major Field of Study: Computer Science 
H.5 Is training required for the job? No 
H.6 Is experience in the job offered required? Yes 
H.6-A How long? 24 months 
H. 7 Is an alternate field of study acceptable? No 
H.8 Is an alternate combination of education 
and experience acceptable? No 
H.9 Is a foreign educational equivalent acceptable? Yes 
H.10 Is experience in an alternate occupation acceptable? No 
H.14 Specific skills or other requirements: 
24 months exrerience must be with designing, developing and maintaining 
modifications to ISoftware and related applications, and programming 
Pokeys 57E interface device to integrate that software with 
simulator hardware components. 
1 The priority date of a petition is ordinarily the date the underlying labor certification is filed with the DOL. See 8 C.F.R. 
§ 204.S(d). 
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Will accept a 3 year or 4 year degree to meet the requirements set forth in H-4 above. 
A prior ETA-9089 was filed on 12/09/2019 and approved on 04/23/2020 (A-19275-
65466) for this same position and alien. We are refiling the same application because 
the prior ETA-9089 failed to indicate that a 3 year degree in Computer Science was 
acceptable to meet the requirement set forth at H-4. 
According to its plain language, therefore, the labor certification 's minimum educational requirement 
is a three- or four-year bachelor's degree in computer science, and its minimum experience 
requirement is 24 months in the job offered, as a software integration engineer. The Petitioner did not 
allow for, and will not accept, a lesser degree, "other" education in the form of three years of study, 
or an alternate combination of education and experience, or experience in an alternate occupation. 
B. Beneficiary 's Qualifications for the Offered Position 
On the labor certification
, the Beneficiary attested that, by the petition's priority date, he received a 
bachelor's degree in computer science from the University I lin Spain. In part J.11., the 
Beneficiary's highest noted education related to the job opportunity was "bachelor's" degree, and not 
any bachelor's equivalent. With its initial evidence the Petitioner submitted copies of the 
Beneficiary's academic records which shows that he was awarded the credential of Ingeniero Tecnico 
from the University I lin Spain on February 15, 2007. The academic transcripts list the 
"Official length of the programme" as three years. Along with the Beneficiary's academic records the 
Petitioner submitted an academic equivalency evaluation from Evaluation World LLC, dated March 
6, 2017. The evaluation concludes that the Beneficiary's Ingeniero Tecnico from the University of
I lis equivalent to three years of university study in computer science. 2 
In his decision, the Director concluded that the Beneficiary's educational credentials did not meet the 
minimum requirements as set forth on the accompanying labor certification. The Director concluded 
that the Beneficiary's three-year Ingeniero Tecnico was not equivalent to a U.S. bachelor's or foreign 
equivalent degree and that he did not qualify for the offered position. The Director stated that he 
consulted the Educational Database for Global Education (EDGE),3 created by the American 
Association of Collegiate Registrars and Admissions Officers (AACRAO). 4 The credential advice for 
the Ingeniero Tecnico in EDGE states, "The Ingeniero Tecnico represents attainment of a level of 
education comparable to 3 years of university study in the United States. "5 The Director also noted 
2 The evaluation also states that the Beneficiary has nine years of professional experience and determines that the 
combination of the Beneficiary 's professional experience and three-years of academic study is equivalent to a bachelor of 
science degree in computer science from a regionally accredited college or university in the United States. 
3 EDGE is described on its information page as "a valuable resource for evaluating educational credentials earned in foreign 
systems, whether the purpose is ultimately for admission into an institution of higher learning in the United States, to 
obtain employment , to establish visa eligibility, or to qualify for additional professional qualifications." 
https ://www.aacrao.org /resources/ AA CRA 0-International/ about-edge. 
4 AACRAO is described on its website as "a nonprofit, voluntary, professional association of more than 11 ,000 higher 
education admissions and registration professionals who represent more than 2,600 institutions in over 40 countries." 
http://www.aacrao.org /who-we-are. 
5 Federal judges have found EDGE, an online resource created by the American Association of Collegiate Registrars and 
Admissions Officers, to constitute a reliable source of foreign educational equivalencies . See, e.g., Viraj, LLC v. U.S. Att '.Y 
Gen. , 578 Fed. Appx. 907, 910 (11th Cir. 2014) (describing EDGE as "a respected source of information"). 
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that, although the credential evaluation combines the Beneficiary's education and experience to 
conclude that he possesses the foreign equivalent of a bachelor's degree, the plain language of the 
labor certification states in H.8. that the Petitioner will not accept a combination of education and 
experience to satisfy the degree requirement. 
On appeal, the Petitioner asserts that the Director erred in evaluating only the Beneficiary's degree, 
rather than "the U.S. equivalence of the overall education and credit hours earned by the Beneficiary." 
The Petitioner submits a new evaluation of the Beneficiary's academic credentials, from World 
Education Services (WES), dated May 17, 2023. The WES evaluation provides a course-by-course 
analysis stating that the Beneficiary completed 148.0 total undergraduate semester credits at the 
University! lfrom 2003 to 2007. The evaluation concludes that the Beneficiary's Ingeniero 
Tecnico, awarded after a three-year program in computer systems, is equivalent to a U.S. bachelor's 
degree. 
The Petitioner states that the Beneficiary earned "well above the normal 120 credit hours required for 
a U.S. bachelor's degree." In support of this assertion, the Petitioner submits printouts from the 
website of the U.S. Department of Education, International Affairs Office, dated February 2008, 
describing the U.S. education system for credit systems and bachelor's degrees. The description of 
credit systems states, "A typical bachelor's degree program of study on a semester calendar requires 
at least 120 credit hours to be earned by the student." The description of bachelor's degrees states, 
"The bachelor's degree may be defined as 'An award that normally requires at least 4 but not more 
than 5 years of full-time equivalent college-level work ... Also includes bachelor's degrees in which 
the normal 4 years of work are completed in 3 years." 
The WES evaluation does not contain sufficient information to support its conclusions. The evaluation 
does not include the evaluator's name or credentials. Nor does it provide an analysis of how the course 
hours and grades listed on the Beneficiary's academic transcripts relate to the U.S. semester credits 
and grades described in the course-by-course analysis. The Petitioner does not provide an analysis of 
the university's grading scale or an analysis of how these relate to U.S. standards. Nor does the 
Petitioner submit evidence that the Beneficiary's Ingeniero Tecnico program was a four-year program 
compressed into three years, as described in the U.S. Department of Education description of 
bachelor's degrees. We may reject or afford lesser evidentiary weight to an advisory opinion that 
conflicts with other information or is "in any way questionable." Matter of Caron Int'!, Inc., 19 I&N 
Dec. 791, 795 (Comm'r 1988). Additionally, the evaluation on appeal does not adequately explain 
how or why this evaluator reached a different conclusion than the prior evaluation submitted noting 
that the course of study was only equivalent to three years of study. 
A U.S. bachelor's degree generally requires four years of academic study. See Matter of Shah, 17 
I&N Dec. 244, 245 (Reg'l Comm'r 1977). Upon review, we conclude that the Beneficiary's three­
year Ingeniero Tecnico is less than a baccalaureate or foreign equivalent degree, as required by the 
plain language of the labor certification, and as claimed by the Beneficiary in part J. As noted in 
EDGE and in the Director's decision, the Beneficiary's Ingeniero Tecnico is equivalent to three years 
of academic study rather than to a degree as required by parts H.4 and H.14 of the labor certification. 
Thus, we concur with the Director that the Petitioner has not established that the Beneficiary meets 
the minimum requirements for the offered position. 
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Although not discussed by the Director, we note that the current record also does not support the 
Beneficiary's claimed qualifying experience. The offered position requires 24 months of experience in 
the offered position of software integration engineer. The regulation at 8 C.F.R. § 204.5(1)(3) provides: 
(ii) Other documentation-
(A) General. Any requirements of training or experience for skilled workers, 
professionals, or other workers must be supported by letters from trainers or 
employers giving the name, address, and title of the trainer or employer, and 
a description of the training received or the experience of the alien. 
With the filing the Petitioner submitted a letter dated June 8, 2020, from on the 
letterhead of1 ISpain. I btates that the Beneficiary 
"has worked for [the company] for ten years. He started as a software developer and rose to chief 
operating officer (COO)." The letter does not provide the dates of the Beneficiary's employment or 
the amount of time he spent in each role with the company. Nor does the letter describe the 
Beneficiary's duties in each of his various roles to sufficiently document that he possesses the required 
24 months of experience as a software integration engineer. Further, the letter does not provide a title 
for I I to identify how he is aware of the Beneficiary's employment and experience. 
Additionally, we note that the labor certification does not distinguish that the Beneficiary had multiple 
roles or positions with this company. The labor certification does not allow for experience in an 
alternate occupation, so that the exact dates and responsibilities of each position is important to 
determine whether the Beneficiary is qualified for the position offered. 
Because the Petitioner was not on notice of these issues, this does not form the basis of our dismissal. 
However, the Petitioner must address and resolve the evidentiary deficiencies for his claimed 
qualifying experience in any further filings. 
C. Beneficiary Does Not Qualify for Professional Classification 
A petition for professional classification "must be accompanied by evidence that the [beneficiary] 
holds a United States baccalaureate degree or a foreign equivalent degree." 8 C.F.R. § 
204.5(1)(3)(ii)(C). 
As noted above, we conclude that the Beneficiary's three-year Ingeniero Tecnico is less than a 
baccalaureate or foreign equivalent degree, as required by 8 C.F.R. § 204.5(1)(3)(ii)(C) for 
classification as a professional. The evidence submitted on appeal, including the WES evaluation, 
does not support the Petitioner's claim that the Beneficiary's three-year Ingeniero Tecnico from the 
University I lis equivalent to a U.S. bachelor's degree. Since the record does not show that 
the Beneficiary has a foreign equivalent degree to a U.S. baccalaureate degree, as required by 8 C.F.R. 
§ 204.5(1)(3)(ii)(C), the Petitioner has also not established that the Beneficiary qualifies for 
classification as a professional. 
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III. CONCLUSION 
The Petitioner has not demonstrated the Beneficiary's qualifications for the offered job or the 
requested immigrant visa category. We will therefore affirm the petition's denial. In visa petition 
proceedings it is the petitioner's burden to establish eligibility for the immigration benefit sought. 
Section 291 of the Act, 8 U.S.C. § 1361. The Petitioner has not met that burden. 
ORDER: The appeal is dismissed. 
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