sustained EB-3 Case: Accounting

U.S. Departnient of Iinmeland Security 
20 Mass. Ave., N.W.. Rm. A3042 
Wash~ngton, DC 20529 
identifying data deleted to 
. . {ent clearly unwarranted 
v asion of personal privsy 
PUBLIC COPY 
U.S. Citizenship 
and Immigration 
Services 
I- 
Ict \& @ +. 
Office: CALIFORNIA SERVICE CENTER Date: HAY Q, g 2036 
WAC-04-077-53566 
PETITION: 
 Petition for Alien Worker as a Skilled Worker or Professional Pursuant to Section 203(b)(3) 
of the Immigration and Nationality Act, 8 U.S.C. ij 1153(b)(3) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS : 
This is the decision of the Administrative Appeals Office in your case. All documents have been returned to 
the office that originally decided your case. Any further inquiry must be made to that office. 
Robert P. ~iemzn, Chief 
Administrative Appeals Office 
Page 2 
DISCUSSION: The preference visa petition was denied by the Director, California Service Center, and is 
now before the Administrative Appeals Office (AAO) on appeal. The appeal will be sustained and the 
petition will be approved. 
The petitioner is a gourmet food and spices sales and distributing company. 
 It seeks to employ the 
beneficiary permanently in the United States as an accountant. As required by statute, a Form ETA 750, 
Application for Alien Employment Certification approved by the Department of Labor, accompanied the 
petition. The director denied the petition because he determined that the petitioner did not present evidence 
that the beneficiary had the foreign equivalent of a United States bachelor's degree and possessed requisite 
experience. The director concluded that the petitioner had not established that the beneficiary was eligible for 
the visa classification sought. 
On appeal, the petitioner's counsel contends that the beneficiary's credentials and experience verification 
letters are sufficient to meet the requirements of the labor certification and submits additional evidence.' 
Section 203(b)(3)(A)(ii) of the Immigration and Nationality Act (the Act), 8 U.S.C. fj 1153(b)(3)(A)(ii), 
provides for the granting of preference classification to qualified immigrants who hold baccalaureate degrees 
and are members of the professions.2 
The regulation at 8 C.F.R. fj 204.5(1)(3)(ii)(C) states the following: 
If the petition is for a professional, the petition must be accompanied by evidence that the 
alien holds a United States baccalaureate degree or a foreign equivalent degree and by 
evidence that the alien is a member of the professions. Evidence of a baccalaureate 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 concentration of study. To show that the 
alien is a member of the professions, the petitioner must submit evidence that the minimum 
of a baccalaureate degree is required for entry into the occupation. 
To be eligible for approval, a beneficiary must have the education and experience specified on the labor 
certification as of the petition's filing date. Matter of Wing's Tea House, 16 I&N Dec. 158 (Act. Reg. Comm. 
1977). The filing date of the petition is the initial receipt in the Department of Labor's employment service 
system. 8 C.F.R. § 204.5(d). In this case, that date is November 23,2001. 
To determine whether a beneficiary is eligible for an employment based immigrant visa as set forth above, 
Citizenship and Immigration Services (CIS) must examine whether the alien's credentials meet the requirements 
set forth in the labor certification. The Application for Alien Employment Certification, Form ETA-750A, items 
' The submission of additional evidence on appeal is allowed by the instructions to the Form I-290B, which 
are incorporated into the regulations by the regulation at 8 C.F.R. fj 103.2(a)(l). The record in the instant case 
provides no reason to preclude consideration of any of the documents newly submitted on appeal. See Matter 
of Soriano, 19 I&N Dec. 764 (BIA 1988). The AAO will first evaluate the decision of the director, based on the 
evidence submitted prior to the director's decision. The evidence submitted for the first time on appeal will then 
be considered. 
2 
 In a responding letter to the director's request for additional evidence, the petitioner's counsel specifically 
stated that: "[his] office has made a mistake in the classification. It should be changed to INA Section 
203(b)(3)(A)(ii): Qualified immigrants who hold baccalaureate degrees and who are members of the 
professions." 
Page 3 
14 and 15, set forth the minimum education, training, and experience that an applicant must have for the position 
of accountant. In the instant case, item 14 describes the requirements of the proffered position as follows: 
14. Education 
Grade School 8 
High School 4 
College 4 
College Degree Required Bachelor 
Major Field of Study 
 Accounting or Business Administration 
The applicant must also have one year of employment experience in the job offered. Additionally, Item 15 
describes "Other Special Requirements" as follows: "1. Cash flow and budgetary projections experience. 2. 
Financial statement analysis experience." 
The beneficiary set forth his credentials on Form ETA-750B. The first issue to be discussed is whether or not the 
beneficiary has the foreign equivalent of a U.S. bachelor's degree in accounting or business administration. On 
Part 1 1, eliciting information of the names and addresses of schools, colleges and universities attended (including 
trade or vocational training facilities), he indicated that he attended Tehran University in Tehran, Iran in the field 
of "Business Administration" from September 1976 through June 1980, culminating in the receipt of a 
"Bachelor's"; and that he attended ICT College in Los Angeles, CA in the field of "Computer Science" from 
August 1999 to January 2001 without receipt of any degree, diploma, or certificate. He provides no further 
information concerning his educational background on thls form, which is signed by the beneficiary under a 
declaration under penalty of perjury that the information was true and correct. 
In corroboration of the Form ETA-750B, the petitioner provided a copy of the beneficiary's Bachelor's Degree in 
Management issued by Tehran University on June 26, 1980 with English translation, and an Educational 
Evaluation Report drafted by Global Education Group, Inc. on August 2, 2000. The evaluation report stated the 
following: 
[The beneficiary] was awarded the degree of Bachelor's degree in Management by Tehran 
University on June 26, 1980. This is the equivalent of the U.S. degree of Bachelor of Business 
Administration awarded by a regionally accredited university in the United States. 
This report is of an advisory nature and is not binding on any agency or institution. Additionally, 
we assume no responsibility for the authenticity of the documents reviewed. 
Because the evidence was insufficient, the director requested additional evidence (WE) on February 27, 2004 
specifically requesting "a copy of the official college or university transcript as evidence that the beneficiary 
holds a United States baccalaureate degree or the foreign equivalent of a United States baccalaureate degree." 
The director's RFE also explained that "[elvidence of education should be submitted on the institution's official 
letterhead or stationery indicating the courses taken and the credits received, and any conference of certificates or 
degrees." 
In response to the director's WE, the petitioner's counsel submitted a copy of the beneficiary's transcripts with 
English translation. Counsel submitted the degree and evaluation report again. 
The director denied the petition on October 28, 2004, finding that the petitioner had not established that the 
beneficiary has the equivalent of a US baccalaureate degree indicated on the labor certification. The director 
Page 4 
stated "[tlhe evidence of record shows that the beneficiary completed three years of studies at the Tehran 
University. However, a United States baccalaureate degree typically consists of four years of studies. The Global 
Education Group, Inc. did not provide a detailed description as to why it believes three years of education at 
Tehran University is equivalent to four years of education at a regionally accredited university in the United 
States." 
On appeal, counsel asserts that the director's contention that an intent to deny letter was sent in August 2003 is 
clearly erroneous. After reviewing the entire record of proceeding, the AAO finds that no intent to deny 
notice was issued and sent in the instant case. The first paragraph on Page 2 of the director's decision is an 
error. 
Counsel argues that the transcripts did not evidence three years of university but three and one half years 
since the beneficiary took summer classes and took a heavy load of units each term at the university. Counsel 
also submits a new Evaluation from Global Education Group, which counsel claims to have described in 
detail via reference to authoritative sources why the beneficiary's education is equivalent to a U.S. four-year 
Bachelor Degree. 
The new credential 
 ubmitted on appeal is drafted by -dent of Global 
Education Group, Inc 
 urnrnarizes her findings as follows: 
The Bachelor's degree program offered by Tehran University (also know as the University of 
Tehran) during the time period that [the beneficiad attended was a four-year degree program. 
Information on degree programs in Iran is readily available in the NAFSA publication: A Guide 
to Educational Systems Around the World as well as in the IAU World Academic Database. 
[Tlhe Iranian Bachelor's degree is also how as the Karshenasi or Licence and has been a four- 
year program requiring fiom 130 to 148 units (credits) since 1964. As demonstrated on [the 
beneficiaryl's transcript (which includes heavy course loads in each semester of study as well as 
completion of a summer semester of study), he completed a total of 140 units (credits) which 
meets the requirement for the four-year degree program in Iran. As a result, we stand by our 
orignal assessment that [the beneficiaryl's education in Iran is equivalent to the U.S. degree of 
Bachelor of Business Administration. 
also attached copies of the pertinent pages for Iranian degrees fiom A Guide to Educational Systems 
Around the World andlor the LAU World Academic Database. It states in pertinent parts that: "Karshenasi 
(formerly how as Licence, usually translated as Bachelor's degree): prior to 1964, it was awarded afleter three 
years of study; since 1964, it requires a minimum of four years of education and 140-148 credits"; University of 
Tehran is a member of the International Association of Universities; and its degrees either in arts or in science 
require 4-6 years; Bachelor's degree (Iran) is described as the first terminal degree awarded after four years' 
university-level study. BA degrees are granted to graduates of arts and human science while BS degrees are 
granted to graduates in basic sciences, agriculture, engineering and medical science. Courses follow the credit 
and semester system. The bachelor's degree (continual programme) requires 130-135 units (140 in technology) 
of which at least 60 must be in a major field. The non-continual bachelor's degree first requires the award of an 
associate degree (67 to 72 credit units: two years study) and then two more years of study and 65 to 70 units. 
The evaluation report and supporting documents establish that the beneficiary's Bachelor degree program is a 
four year study program at Tehran University in Iran. The new evaluation report answers the director's questions 
in his denial decision that the Global Education Group, Inc. did not provide a detailed description as to why it 
believes three years of education at Tehran University is equivalent to four years of education at a regionally 
accredited university in the United States. However, the beneficiary completed his eight semesters program in 
seven semesters and met the graduate requirement one semester ahead. The beneficiary's transcripts show that he 
completed 139 units and hlfilled the four year Bachelor degree program (eight regular semester program) 
through the seven semesters with 19 units in the first semester, 20 units in the second semester, 22 units in the 
thrd semester, 23 units in the fourth semester, 9 units in the fifth (summer) semester, 24 units in the sixth 
semester and 22 units in the seventh semester. 
The AAO finds the new evaluation from the Global Education Group, Inc. acceptable. The AAO concurs with 
counsel's assertion that the petitioner has established that the beneficiary possessed the equivalent to a US 
Bachelor's degree in Accounting or Business Administration as required on the Form ETA 750 prior to the 
priority date. 
The second issue to be discussed is whether the petitioner established that the beneficiary possessed one year of 
experience in the job and the special experience required as other special requirements in Part 15 of the Form 
ETA 750A as of November 23,2001, the priority date. 
The certified Form ETA 750 in the instant case states that the position of accountant also requires one (1) year 
experience in the job offered, and cash flow and budgetary protections experience and financial statement 
analysis experience. On the Form ETA 750B, signed by the beneficiary on November 19, 2001, the 
beneficiary set forth his work experience. He listed his experience as a full-time "Accountant" with the 
petitioner from January 2, 2001 to the present (i.e. the date of the preparation of the Form ETA 750B which 
was dated November 19, 2001, for ten (10) months); and as a full-time "Accountant" with Shahrvand 
Company in Tehran, Iran from February 1995 to October 1998. 
The regulation at 8 C.F.R. 5 204.5(g)(l) states in pertinent part: 
Evidence relating to qualifying experience or training shall be in the form of letter(s) from 
current or former employer(s) of trainer(s) and shall include the name, address, and title of the 
writer, and a specific description of the duties performed by the alien or of the training received. 
If such evidence is unavailable, other documentation relating to the alien's experience or training 
will be considered. 
An experience letter from Shahrvand Company was submitted with the instant 1-140 petition. This letter was on 
the company letterhead, but without the name and title of the writer or signature. The letter did not describe 
the duties performed by the beneficiary and did not indicate the hours per week the beneficiary worked for the 
company. The letter did not meet the requirements as evidence of the beneficiary's prior experience as set 
forth at 8 C.F.R. 
 204.5(g)(l). Therefore, the director in his RFE issued on February 27, 2004 requested the 
petitioner submit an orignal experience letter(s), signed and on the employer's letterhead showing the name, title, 
address, and phone number of the person verifying this information; the beneficiary's title, specific duties, 
specific dates of employrnent/experience (at least including month and year), and number of hours worked per 
week. In response to the RFE, counsel claimed that Shahrvand Company has closed its doors, and therefore, 
cannot provide a more detailed letter. The regulation allows other documentation relating to the alien's 
experience or training be considered, however, the petitioner chose to obtain and submit an experience letter from 
another employer for whom the beneficiary worked prior to Shahrvand. However, this letter did not indicate the 
name or address of the company. As such, the information contained is the letter cannot be verified. The 
petitioner also submitted a letter claiming the beneficiary worked for the petitioner for 10 months fi-om January 
Page 6 
2001 until the priority date. However, the petitioner's letter did not indicate the hours the beneficiary worked and 
the letter was on another company's letterhead. 
On appeal counsel submits a letter fro 
 Vice President of the petitioner. This letter verifies 
further that the beneficiary worked for the petitioner between twenty to thirty hours per week from January 
2001 to the priority date gnd also explains that the petitioner is doing business in its trade name of Sadaf 
International Gourmet Foods. Nonetheless, the beneficiary's five months full-time (ten months part time 
experience equals five months full time only) experience as an accountant is not sufficient to evidence that the 
beneficiary possessed one year experience in the job offered prior to the priority date. 
On appeal counsel also submits a copy of the letter from Kooheije International Co. This letter is on the 
company's letterhead with company's name, address, telephone number, and also with the writer's name, title 
and signature. The letter indicates that the beneficiary worked for the company as an accountant from August 
1993 to January 1995, one year and five months. The letter verifies that the beneficiary worked for five and a 
half days per week (forty-five hours per week) and provides a detail description of the duties the beneficiary 
performed. In the meantime, the letter also confirms that the beneficiary had cash flow budgetary protection 
experience and financial statement analysis experience. The AAO concurs with counsel' assertion that the 
experience letter from Kooheije International Co. meets the standard set forth by the regulation at 8 C.F.R. 3 
204.5(g)(l). Therefore, the petitioner has established with the experience letter that the beneficiary possessed the 
requisite one year experience as an accountant, and had cash flow budgetary protections experience and financial 
statement analysis experience prior to the priority date. 
Counsel's assertions on appeal have overcome the director's findings and demonstrate that the petitioner has 
established the beneficiary held the equivalent to a US Bachelor's Degree in Business Administration and 
possessed one year experience in the job offered and the experience required as other special requirements on 
the Form ETA 750 prior to the priority date. 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. 
tj 1361. The petitioner has met that burden. 
ORDER: The appeal is sustained. The petition is approved.