remanded EB-3 Case: Marketing

U.S. Citizenship 
and Immigration 
Services 
MATTER OF 1-C-, INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: MAY 26, 2017 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITT ON: FORM l-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a jewelry sales and marketing business, seeks to employ the Beneficiary as a 
marketing director. It requests classi11cation 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. § !153(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 Director of the Nebraska Service Center denied the petition, concluding that the record did not 
establish, as required, that the Beneficiary met the minimum requirements for the pro!Tered job as of 
the priority date. Specifically, the Director determined that the Beneficiary did not have the 
education required for the proiTered position. 
On appeal, the Petitioner submits additional evidence and asserts that the Beneficiary met the 
minimum requirements for the protTeredjob as of the priority date. 
Upon de novo review, we will withdraw the decision of the Director and remand the matter for 
further proceedings consistent with this opinion and for the entry of a new decision. 
I. LAW AND ANALYSIS 
A. Employment- Based Immigration 
Employment-based immigration generally follows a three-step process. First, an employer must 
obtain an approved ETA Form 9089, Application Cor Permanent Employment Certification (labor 
certification), from the U.S. Department of Labor (DOL). 1 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 
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The date the labor certification is filed, in cases such as this one, is called the ·'priority date." See 8 C.F.R. § 204.5(d). 
In this case, the priority date is December 14, 2015. 
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Matter of 1-C-, inc. 
of domestic workers similarl y emp loyed. See section 212(a)(5)(A)(i)(J)-(ll) of the Act. Second, the 
emplo yer 
may file an immigrant visa petition with U.S. Citizenship and Immigration Services 
(USC \S). See sect ion 204 of the Act, 8 U.S. C. § 11 54. Third , if USCIS appro ves the petition , the 
forei gn national may apply for an immigrant visa abroad or, if eligible, adjustment of status in the 
United States. See sec tion 245 of the Act, 8 U.S.C. § 1255. 
B. Benefici ary's Qualifications 
The Beneficiary must meet all of the requir ements of the offered position set f011h on the labor 
certification by the priorit y date of the petiti on. The labor certification requires a U.S. bachelor' s 
degr ee in marketing or foreign educ ational equivalent, and 12 months of experience in the job 
offered of marketing director. No alternate combination of education or expe rienc e is acceptab le. 
The regulati on at 8 C.F.R. § 204.5(1)(3)(ii)(C) states, in part: 
lf the petition is for a profess ional, the petition must be accompanied by evidence that 
the alien holds a United States baccal aureate degree or a foreign equivalent degree and 
by evidence that the a lien is a member of the professions. Evidence of a bacca laureate 
degree shall be in the form of an official college or university record showing the date 
the baccalaureate degree was awarded and the area of concentr ation of study. 
The Benefic iary holds a bachelor of arts degree in hospitality management and m arketing issued in 
December 
20 11 by in Switzerland. is accred ited 
by the in the United States, althou gh it 
does not 
have a physical locat ion in the United States. 
The Ben eficiary ' s transcript s from indi cate that he earned 122 total credits over seven 
seme sters, with two intern ships. The Beneficiary 's diploma from includes a c hart stating that 
a mini mum of 120 credit s are neces sary for completio n of a bachelor's degree. This is consistent 
with the acc reditation requiremen ts of 
On appeal , the Petitioner subm its an educational eva luation from 
which equates the Beneficiary's degree from to a 
"Bachelor's degree in Hospitality Mana gement and Marketing from an institution that is accred ited 
by one of six recogni zed regio nal academ ic accre ditin g bodie s in the United States." The 
evaluation indicat es that admission to requir es complet ion of educa tion equivalent to 
graduati on from senior high schoo l in the United States. 
The Director denied the petit ion, basing its denial on the use of an Electro nic Database for Global 
Education (EDGE) degree equivalency for Switzerland~ The Petitioner asse rts that the Director 
erred in using the EDGE standards for Switzerland. Instead, it asserts that should be treated as 
a U.S. ed ucat ional institution. The Petiti oner note s on appeal that is not accredite d by the 
Swiss educat ional system . 
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A1atter ofi-C-. Inc. 
We agree with the Petitioner that the Director' s reliance on the EDG E degree equivalen cy standards 
for Switzerland was not appropriate in this case. Instead , we must determine whether the 
Beneficiar y's degree, issued by a U.S.-accredited institution of higher education located outside of 
the Unit ed States, is a foreign equivalent degree for purpo ses of the professional classificati on. 
Accreditati on is one of many factors to be considered in determining whether a degree issued by a 
foreign instituti on is equi valent to a U.S. degree. Other factors include , but are not limited to: 
admission and curriculum requi reme nts, education level, type of institution, objective of educational 
program , courses taken , credit s rece ived, grades received, and program length. Based on these 
factors , the record establishes that the Benefi ciary's degree from a U.S.-accredited institution 
of higher education located outside of the United States , is the foreign equivalent of a U.S. bachelor 's 
degree in mark eting. 
The eviden ce submitted with the petition and on appea l establishes that the Beneficiary possesses the 
required education for the proffered job. The Petitioner has also established that the Bene ficiary has 
the required ex perience for the proffered job. Thus, the Petitioner has establi shed that the 
Beneficiar y met the minimum requirements for the proffered job as of the priorit y date. We will 
therefore withdraw the deci sion of the Director and remand the matter for further proceedings 
consistent with the foreg oing opinion and for the entry of a -new decision. 
C. Ability to Pay the Proffer ed Wage 
Although not addre ssed by the Director, the record does not establish that the Petitioner has the 
continuin g abi lity to pay the proffered wage from the priority date. The proffered wage is $ 81, I 00 
per year. 
The regulation at 8 C.F.R. § 204.5(g)(2) states in pe.rtinent part: 
Abilit y of pro spective employer to pay wage. Any petitiOn filed by or for an 
employme nt-based immi grant 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 dem onstrate this ability at the time the 
priorit y date is estab lished and continuin g until the beneficiary obtains lawful 
permanent residence. Evidence of this ability shall be either in the form of copies of 
annual repo rts, feder al tax returns, or audited financial statements. 
In this case, the record does not contain an annual report , fede ral tax return , or audited financial 
state ments for. the Petitioner for 20 15 as required by 8 C.F.R. § 204.5(g)(2). 2 On remand, the 
2 The record contains the Petitioner's federal tax return for 20 14; unaudited financial statements for 20 15 and part of 
20 16; and pay stubs for the Beneficiary indicating that he had received wages of $35,076.92 year-to-date from the 
Petitioner as of June 4, 20 16. Unaudited financial statements are the representations of management. The unsupported 
representations of management are not reliable evidence and are insufficient to demonstrate the Petitioner's ability to pay 
the proffered wage. 
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Matter of 1-C-, Inc. 
Director should request regulatory-required evidence of the Petitioner's continuing ability to pay the 
proffered wage from 2015 onward. 
II. CONCLUSION 
The decision of the Director regarding the Beneticiary's education will be withdrawn. The matter is 
remanded to the Director for consideration of the Petitioner's ability to pay the proffered wage from 
2015 onward. The Director may request any additional evidence considered pertinent. Similarly, 
the Petitioner may provide additional evidence within a reasonable period of time to be determined 
by the Director. Upon receipt of all the evidence, the Director will review the entire record and enter 
a new decision. 
ORDER: The decision of the Director is withdrawn. The matter is remanded for further 
proceedings consistent with the foregoing opinion and for the entry of a new decision. 
Cite as Maller of J-C-, Inc., !D# 307466 (AAO May 26, 2017) 
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