sustained EB-3 Case: Accounting

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MATTER OF D-&T-
APPEAL OF TEXAS SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JULY 25,2017 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, an accounting, auditing, tax, and consulting company, seeks to employ the Beneficiary 
as an ERS senior consultant. It requests classification of the Ben~ficiary 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 permanent 
resident status. 
The Director of the Texas Service Center denied the petition on the ground that the Beneficiary did 
not have a baccalaureate degree in one of the acceptable fields of study identified on the labor 
certification. 
On appeal the Petitioner submits a brief and supporting documentation. The Petitioner asserts that 
the Director misinterpreted the terms of the labor certification with respect to the educational 
requirement for the job offered. The Petitioner contends that the Beneficiary meets the minimum 
educational requirement of the labor certification and should be approved for classification as a 
professional. 
Upon de novo review, we will sustain the appeal. 
To be eligible for a requested classification and qualified for the job offered the beneficiary must 
meet all of the educational, experience, and other requirements of the offered position as stated on 
the labor certification by the priority date. See Matter of Wing's Tea House, 16 I&N Dec. 158, 159 
(Act. Reg'l Comm'r 1977). 
The Petitioner's Form I-140, Immigrant Petition for Alien Worker, was accompanied by a certified 
ETA Form 9089, Application for Permanent Employment Certification (labor certification), with a 
priority date of April 11, 2016. Section H of the labor certification states the following with respect to 
the education required to qualify for the job ofERS senior consultant: 
4. Education: Minimum level required: 
4-B. Major Field of Study: 
7. Is an alternate field of study acceptable? 
Bachelor's degree 
Accounting 
Yes 
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Matter of D-& T-
7-A. What field(s)? 
9. Is a foreign educational equivalent acceptable? 
Finance, Business 
Administration, Engineering, 
Management Information 
Systems, Computer Science 
Yes 
At H.l4 of the labor certification - "Specific skills or other requirements" - the educational 
requirements for the job are summarized as follows: 
Bachel6r's (or higher) degree in Accounting, Finance, Business, Administration, 
Engineering, Management Information Systems, Computer Science or related field 
(willing to accept foreign education equivalent). 
Section J of the labor certification states that the Beneficiary's highest level of education with 
respect to the job opportunity at issue was a master's degree in business administration (MBA) from 
in2011. 
The documentation of record shows that the Beneficiary was awarded the following educational 
degrees: 
• A four-year Bachelor of Science, with a major in applied psychology, from the College of 
Philosophy and Sociology in China, in 2007; and 
• An MBA from in 2011. 
In his decision denying the petition the Director found that the labor certification required a 
bachelor's degree in one of the fields of study identified at H.4-B or H.7-A, that the Beneficiary 's 
bachelor's degree was not in one of the identified fields of study, and that the Beneficiary's MBA 
did not meet the terms of the labor certification because, although it was in an acceptable field of 
study, it was not a bachelor's-level degree. 
We disagree with the Director's analysis. The labor certification does not specify that a degree in one 
of the acceptable fields of study - be it accounting, business administration, engineering, management 
information systems, computer science, or a related field - can only be at the baccalaureate level to 
qualify the Beneficiary for the job offered. Box H.4 of the labor certification directs the employer to 
identify the "minimum level [of education] required" (emphasis added), which does not mean that the 
educational requirement can only be met by the lowest possible degree. Moreover, box H.l4 of the 
labor certification expressly states that a "[b]achelor's (or higher) degree" (emphasis added) in one of 
the acceptable fields of study is required. Thus, the labor certification does not exclude a higher degree 
from satisfying the minimum educational requirement. 
The Beneficiary has a master's degree in business administration from This degree meets the 
terms of the labor certification because it satisfies the minimum educational requirement of a 
bachelor's degree in one of the specified fields of study. We find, therefore, that the Beneficiary 
meets the educational requirement of the labor certification. 
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Matter of D-&T-
The Petitioner has established that the Beneficiary possesses all of the requirements for the job 
offered under the terms of the labor certification and is eligible for classification as a professional. 
Ac.cordingly, we will withdraw the Director's decision and sustain the appeal. 
ORDER: The appeal is sustained. 
Cite as Matter of D-& T- ID# 576077 (AAO July 25, 2017) 
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