remanded EB-3 Case: Logistics

U.S. Citizenship 
and Immigration 
Services 
MATTER OF O-L- INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JULY 1, 2019 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a logistics company, seeks to employ the Beneficiary as a bookkeeper. It requests 
classification of the Beneficiary as a skilled worker under the third preference immigrant category. 
Immigration and Nationality Act (the Act) section 203(b)(3)(A)(i), 8 U.S.C. § l 153(b)(3)(A)(i). 
This employment-based "EB-3" immigrant classification allows a U.S. employer to sponsor a 
foreign national for lawful pennanent resident status to work in a position that requires at least two 
years of training or experience. 
The Director of the Nebraska Service Center denied the petition on the ground that the Petitioner did 
not establish its ability to pay the proffered wage from the priority date of the petition onward, 1 as 
required by the regulation at 8 C.F.R. § 204.5(g)(2). On appeal the Petitioner submits a copy of its 
federal income tax return for 2018, the year of the priority date, which shows that the Petitioner's net 
income exceeded the proffered wage of the bookkeeper position that year. Based on this evidence 
we find that the Petitioner has established its ability to pay the proffered wage from the priority date 
onward. Accordingly, we will withdraw the Director's decision to the contrary. 
Upon de nova review of the petition, however, we will remand this case to the Director for further 
consideration of whether the Beneficiary meets the educational and experience requirements of the 
labor certification, and for the issuance of a new decision by the Director. 
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). 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. 
1 The "priority date" of a petition is the date the underlying labor certification is filed with the Department of Labor. See 
8 C.F.R. § 204.S(d). In this case the priority date is February 16, 2018. 
Matter of O-L- Inc. 
Citizenship and Immigration Services (USCIS). See section 204 of the Act, 8 U.S.C. § 1154. Third, 
if USCIS approves the petition, the foreign national may 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 
A beneficiary must meet the specific educational, training, experience, or other requirements of the 
labor certification. 8 C.F.R. § 204.5(1)(3)(ii)(B). To qualify for classification as a skilled worker a 
beneficiary must have at least two years of training or experience. Id. Evidence of such training or 
experience "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." 8 C.F.R. § 204.5(1)(3)(ii). All labor certification requirements must be met by the petition's 
priority date. See Matter o_f Wing's Tea House, 16 I&N Dec. 158, 159 (Acting Reg'l Comm'r 1977). 
The labor certification in this case requires a high school education or a foreign educational 
equivalent and 24 months of experience as a bookkeeper. The labor certification asserts that the 
Beneficiary met the educationj1 rearrement by virtue of a high school diploma in 1988 from a 
school called! lin Qatar. The labor certification also asserts that the Beneficiary 
met the 
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xoerirce requirement by virtue of his employment as a financial administrative officer 
with the Health Authority-Hospital Services Sector in I I United Arab Emirates (UAE), 
from April 2004 to January 2016. 
As evidence of the Beneficiary's education the Petitioner has submitted a copy of an English 
language document dated June 26, 1988, from the Ministry of Education, Examinations Department, 
in Qatar certifying that the Beneficiary passed the examination for the Qatari General Secondary 
Education Certificate during the academic year 1987-88. The Petitioner has also submitted an 
unidentified document which appears to be in the Arabic language. The Petitioner has not explained 
whether the English language document is a translation of the Arabic language document, or perhaps 
of some other document. 2 Furthermore, the record lacks an evaluation of the educational credentials 
and therefore does not demonstrate that the Beneficiary has the foreign equivalent of a U.S. high 
school diploma. On remand the Director should determine whether the documentation of record 
establishes that the Beneficiary has the foreign educational equivalent of a U.S. high school diploma. 
As evidence of the Beneficiary's employment experience the Petitioner has submitted copies of a 
letter from the I I Health Authority, dated November 2, 2015. On remand the Director should 
determine whether this letter meets the substantive requirements of 8 C.F.R. § 204.5(1)(3)(ii) and 
establishes that the Beneficiary has the requisite experience to qualify for the job offered under the 
terms of the labor certification. Specifically, whether the Beneficiary's prior employment 
experience was in the job offered, as required. 
2 If the English language document is a translation of an Arabic language document, it does not appear to be a certified 
translation as prescribed in the regulation at 8 C.F.R. § 103.2(b)(3). 
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Matter of O-L- Inc. 
If deemed necessary, the Director may issue a request for additional evidence of the Beneficiary's 
educational and experience requirements. 
III. CONCLUSION 
For the reasons discussed above, we will remand this case to the Director for further consideration 
of the Beneficiary's educational and experience credentials, and whether they meet the requirements 
of the labor certification. 
ORDER: The Director's decision is withdrawn. The matter is remanded for the entry of a new 
decision consistent with the foregoing analysis. 
Cite as Matter of O-L-Inc., ID# 4899257 (AAO July 1, 2019) 
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