remanded EB-3 Case: Information Technology

U.S. Citizenship 
and Immigration 
Services 
MATTER OF D-C-0-M-, LLC 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: FEB. 16, 2017 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a manufacturer of plastic food service products, seeks to employ the Beneficiary as an 
ERP Lead. 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 pem1anent resident status. 
The Director, Nebraska Service Center, denied the petition. The Director found that the Beneficiary 
did not meet the minimum educational requirement of the ETA Form 9089, Application for 
Permanent Employment Certification (labor certification), to qualify for the job offered and did not 
qualify for immigrant classification as a professional. 
The matter is now before us on appeal. The Petitioner submits a brief and supporting 
documentation, asserting that the Beneficiary meets the minimum educational requirement of the 
labor certification and qualities for classification as a professional. 
Upon de novo review, we will withdraw the decision and remand the case to the Director for further 
consideration and the issuance of a new decision. 
I. LAW 
Section 203(b)(3)(A)(ii), 8 U.S.C. § 1153(b)(3)(A)(ii), provides immigrant classification to 
professionals. See also 8 C.F.R. § 204.5(1)(2). Section 10l(a)(32) of the Act defines the term 
"profession" to include, but is not limited to, "architects, engineers, lawyers, physicians, surgeons, 
and teachers in elementary or secondary schools, colleges, academies, or seminaries." If the offered 
position is not statutorily defined as a profession, "the petitioner must submit evidence showing that 
the minimum of a baccalaureate degree is required for entry into the occupation." 8 C.F.R. 
§ 204.5(1)(3)(ii)(C). 
The regulation at 8 C.F.R. § 204.5(1)(3)(C) sets forth the evidentiary requirements to establish that a 
beneficiary qualifies for classification as a professional. It states that "the petition must be 
accompanied by evidence that the alien holds a Uni.ted States baccalaureate degree or a foreign 
equivalent degree" and that "[ e ]vidence of a baccalaureate degree shall be in the form of an official 
Matter of D-C-0-M, LLC 
college or university record showing the date the baccalaureate degree was awarded and the area of 
concentration of study." !d. 
To be eligible for approval, a beneficiary must have all the education, training, and experience 
specified on the labor certification as of the petition's priority date, which is the date the underlying 
labor certification application was accepted for processing by the Department of Labor (DOL). See 
8 C.F.R. § 204.5(d); Matter a_( Wing's Tea House, 16 I&N 158 (Acting Reg'l Comm'r 1977). 
II. ANALYSIS 
The Petitioner filed the Form I-140, Immigrant Petitioner for Alien Worker, requesting classification 
of the Beneficiary as a professional. As required by statute, the petition was accompanied by a labor 
certification which was filed with DOL on August 13, 2015, establishing the priority date for this 
case. For the offered position - ERP Lead - the Petitioner specified in section H of the labor 
certification the following education, training, and experience requirements: 
4. 
4-B. 
5. 
6. 
6-A. 
7. 
7-A. 
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 there an alternate field of study that is acceptable? 
What field(s)? 
Bachelor's degree 
Computer Science 
No 
Yes 
9 months 
Yes 
Management Information 
Systems (MIS) or 
Electrical Engineering 
8. Is an alternate combination of education and 
experience acceptable? No 
9. Is a foreign educational equivalent acceptable? Yes 
10. Is experience in an alternate occupation acceptable? No 
14. Special skills or other requirements: 
• 12 years of SAP SD/LE & MN Module experience 
• 2 years of SAP CRM experience 
• 7 years of experience as a Global Team Lead with geographies like AMR, EMEA and 
APAC 
• 8 months ofVistex DMP experience 
• Exposure to SAP FSCM 
• Experience with at least 6 fulllifecycle SAP implementation projects 
Thus, the labor certification specifies that a bachelor's degree in computer science, MIS, or electrical 
engineering, or a foreign educational equivalent, and 9 months of experience as an ERP Lead, and 
the specific IT -related skills and requirements listed in box H.14 are required for the job. 
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(b)(6)
Matter of D-C-0-M, LLC 
As evidence of the Beneficiary's educational credentials, the Petitioner submitted the following 
documentation with the Form I-140 petition and in response to the Director's notice of intent to deny 
(NOID): 
• Copies of a diploma and transcripts frpm in India, 
showing that the Beneficiary was awarded a "Bachelor of Arts (Three Year Degree Course)" 
on September 30, 2000; 
• A copy of a "Post-graduate Diploma in Computer Applications" from m 
India, dated March 28, 2002; 
• An Academic Equivalency Evaluation from dated March 2, 2016, 
asserting that the Beneficiary's post-graduate diploma (PGD) in computer applications 
following his 3-year bachelor of arts was equivalent to a U.S. bachelor of science degree in 
computer and information sciences; 
• An entry from the Electronic Database for Global Education (EDGE), produced by the 
American Association of Collegiate Registrars and Admissions Officers (AACRAO), which 
states 
that a PGD in India that follows a 3-year bachelor's degree represents a level of education 
that is comparable to a bachelor's degree in the United States; 
, • Website extracts showing that is recognized and/or accredited in India 
~~ ~ ~ 
the 
The Director denied the petition on the grounds that the Beneficiary did not have the' requisite 
educational credential to qualify for the job offered under the terms of the labor certification and to 
qualify for classification as a professional. The Director noted that a U.S. baccalaureate degree is 
generally found to require 4 years of college or university education , citing Matter of Shah, 17 I&N 
Dec. 244, 245 (Comm'r 1977), and determined that the Beneficiary's 3-year bachelor of arts degree 
and subsequent PGD from did not meet the labor certification requirement 
of a U.S. baccalaureate degree or a foreign equivalent degree. The Director found that the labor 
certification specified the minimum educational requirement to be a bachelor's degree in computer 
science, MIS, or electrical engineering, and does not allow for a combination of lesser degrees 
and/or other credentials to substitute for an actual U.S. baccalaureate or foreign equiv~lent degree, 
even if they may amount, collectively, to the educational equivalent of a bachelor's degree. The 
Director also found that as the Beneficiary did not possess at least a bachelor' s degree, the 
Beneficiary did not qualify for classification as a professional. See 8 C.F.R. § 204.5(1)(2) (defines 
professional for purposes of employment-based immigrant classification as the holder of a U.S. 
baccalaureate degree or a foreign equivalent degree). 
On appeal, the Petitioner asserts that the Beneficiary has the degree required for the offered position 
and for classification as a professional. We agree, in part. We have consulted EDGE, which we 
consider to be a reliable, peer-reviewed source of information about foreign degree equivalencies. 1 
1 
According to its website, A~CRAO is "a nonprofit , voluntary, professional association of more than II ,000 higher 
education professionals who represent approximately 2,600 institutions in more .than 40 countries ." About AACRAO, 
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(b)(6)
Matter of D-C-0-M LLC 
EDGE reports that PGDs that require a 3-year bachelor's degree for entry into the program, and are 
issued by an accredited college or university, are the equivalent of a U.S. bachelor's degree. In this 
case, the record establishes that the Beneficiary's PGD was issued by a university accredited by the 
in India and that the PGD program required a 3-year bachelor's 
degree for admission. After reviewing the documentation, we determine that the Beneficiary's PGD 
in computer applications from following his 3-year bachelor of arts degree 
from is a foreign equivalent degree to a U.S. baccalaureate degree. 
Accordingly, we will withdraw the Director's finding that the Beneficiary does not have the requisite 
educational degree to qualify for classification as a professional. 
The question remains, however, as to whether the Beneficiary's PGD in computer applications meets 
the field of study requirement of the labor certification, which specifies that the degree must be in 
computer science, MIS, or electrical engineering in order for the Beneficiary to qualify for the job 
offered. Therefore, we will remand this case to the Director for a determination of whether the 
Beneficiary's education is in a field of study that qualifies him for the job offered under the terms of 
the labor certification. 
As previously mentioned, in addition to the educational requirements the Beneficiary must meet all of 
the other requirements set forth in the labor certification as of the petition's priority date. See Wing's 
Tea House, 16 I&N at 158; and Matter ofKatigbak. 14 I&N Dec. 45, 49 (Reg'l Comm'r 1971). 
Therefore, the Director shall also determine whether the Beneficiary meets the experience 
requirements of the labor certification, including the special skills and other requirements listed in 
Part H.l4. 
Furthermore, the record does not establish the Petitioner's ability to pay the proffered wage from the 
priority date onward. The Petitioner must establish its continuing ability to pay the proffered wage of 
the job offered from the priority date of the petition, August 13, 2015, until the Beneficiary obtains 
lawful permanent residence. See 8 C.F.R. § 204.5(g)(2). At the time the Form I-140 was filed, the 
Petitioner's financial records for 2015 were not yet available. Although the Petitioner did submit a 
Form W-2 showing that the Beneficiary was paid in excess of the proffered wage in 2015, the record 
lacks any of the three types of required evidence, as prescribed in the above regulation, of the 
Petitioner's ability to pay the proffered wage in the year of the priority date or any subsequent year. On 
remand, the Director shall request additional evidence regarding this issue. 
III. CONCLUSION 
The record establishes that the Beneficiary has the bachelor's degree required for classification as a 
professional. However, the record does not demonstrate that the Beneficiary has the minimum 
http://www.aacrao.org/home/about (last visited Feb. 13, 2017). According to its registration page, EDGE is "a web­
based resource for the evaluation of foreign educational credentials." AACRAO EDGE, http://edge.aacrao.org/info.php 
(last visited Feb. 13, 20 17). 
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Matter of D-C-0-M, LLC 
) 
education or special skills required by the terms of the labor certification or that the Petitioner has the 
ability to pay the proffered wage from the priority date onward. 
ORDER: The decision of the Director, Nebraska Service Center, is withdrawn. The matter is 
remanded to the Director, Nebraska Service Center, for further proceedings consistent 
with the foregoing opinion and for the entry of a new decision. 
Cite as Matter of D-C-0-M-, LLC, ID# 100242 (AAO Feb. 16, 20 17) 
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