sustained EB-3 Case: Computer Hardware

MATTER OF A-I-, INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JAN. 2, 2019 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a provider of thermal cooling modules for computers and other electronic equipment, 
seeks to employ the Beneficiary as a sales account executive. It requests his classification under the 
third-preference, immigrant category as a professional. Immigration and Nationality Act (the Act) 
section 203(b)(3)(A)(ii), 8 U.S.C. § l 153(b)(3)(A)(ii). This employment-based, "EB-3" category 
allows a U.S. business to sponsor a foreign national for lawful permanent resident status to work in a 
position requiring at least a bachelor's degree. 
The Acting Director of the Nebraska Service Center denied the petition. The Director concluded 
that, contrary to the offered position's requirements, the Petitioner did not establish the Beneficiary's 
possession of at least one year of experience in the job offered. 
On appeal, the Petitioner asserts that the Director erred by focusing on the job title of the 
Beneficiary's former position, rather than on its job duties. The Petitioner also contends that the 
Director should have deferred to the U.S. Department of Labor's (DOL) prior finding on the issue. 
In response to our notice of intent to dismiss the appeal, the Petitioner submitted additional evidence 
demonstrating the Beneficiary's possession of the minimum experience required for the offered 
position. The Petitioner also submitted evidence resolving our concerns about the validity of the 
accompanying labor certification from the DOL and the company's ability to pay the position's 
proffered wage. A preponderance of evidence therefore establishes the petition's approvability. 
ORDER: The appeal is sustained. 
Cite as Matter of A-1-, Inc., ID# 1714603 (AAO Jan. 2, 2019)