sustained EB-3 Case: Computer Science

U.S. Citizenship 
and Immigration 
Services 
MATTER OF L-N- CORP. 
APPEAL OF TEXAS SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JUNE 2, 2017 
PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a financial services business, seeks to employ the Beneficiary as a senior analyst, 
application developer. It requests classification 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. § 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. The Director concluded that the 
Petitioner had not established that; the Beneficiary possessed the education and employment 
experience required by regulations and by the job offer. 
On appeal, the Petitioner asserts that. it documented the Beneficiary's academic and experience 
qualifications for the offered job. 
Upon de novo review, we will sustain the appeal. 
I. LAW 
Employment-based immigration generally follows a three-step process. First, an employer must 
obtain an approved 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 of domestic workers similarly employed. Section 
212(a)(5)(A)(i)(I)-(II) of the Act. Second, the employer may file an immigrant visa petition with 
U.S. Citizenship and Immigration Services (USCIS). See section 204 of the Act, 8 U.S.C. 
§ 1154. Third, if USC IS approves the petition, the foreign national may apply for an immigrant visa 
abroad or, if eligible, adjustment of status in the Unit~d States. See section 245 of the Act, 8 U.S.C. 
§ 1255. 
1 The date the labor certification is filed is called the "priority date." See 8 C.F.R. § 204.5(d). 
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Matter of L-N- Corp. 
II. ANALYSIS 
A. The Beneficiary's Education 
In order to be eligible for classification as a professional, the regulation at 8 C.F.R. § 204.5(1)(3)(ii)(C) 
states that the Petitioner 
must establish that the beneficiary "holds a United States baccalaureate degree 
or a foreign equivalent degree .... " A beneficiary must also meet all of the requirements of the offered 
position set forth on the labor certification. 8 C.F.R. § 103.2(b)(l), (12) .. See Matter of Wing's Tea 
House, 16 I&N Dec. 158, 159 (Acting Reg. Comm. 1977); see also Matter of Katigbak, 14 I&N Dec. 
45, 49 (Reg. Comm. 1971). Here, the labor certification requires a bachelor's or foreign equivalent 
degree in computer science, information systems, or related field. 
On the labor certification, the Beneficiary listed his education as a bachelor's degree in computer 
science from in India, completed in 2012. The Petitioner 
submitted a copy of the Beneficiary's academic transcripts and a diploma issued to the Beneficiary on 
April 28, 2012, by showing that the university conferred on the Beneficiary 
a master of science in computer science degree. The Petitioner submitted a credentials evaluation 
which concluded that the Beneficiary possessed "the equivalent of a Bachelor of Science degree in 
Computer Science, from an accredited institution of higher education in the United States." 
The Director acknowledged that the Petitioner had submitted evidence ofthe Beneficiary's master's 
degree, but stated that the record did not contain copies of the diploma and academic transcripts 
documenting the Beneficiary's Indian bachelor's degree. The Director concluded that a "foreign 
master's degree may be found not equal to a U.S. Bachelor's without confirmation of the 
beneficiary's previous education" and denied the petition. 
On appeal, the Petitioner submits a copy of the Beneficiary's diploma, provisional certificate, and 
consolidated marks memorandum from showing that the university conferred 
on the Beneficiary a three-year bachelor of science degree. The Petitioner also submits an additional 
education evaluation and emphasizes that the Beneficiary's master's degree "has been evaluated to 
be equivalent to a bachelor's degree from an accredited institution of higher education in the United 
States." The Petitioner noted that the evaluator relied, in part, on the Electronic Database for Global 
Education (EDGE) created by the American Association of Collegiate Registrars and Admissions 
Officers (AACRAO). EDGE provides that a Master of Science degree in India "represents the 
attainment of a level of education comparable to a bachelor's degree in the United States."2 The 
Petitioner therefore asserts that the Beneficiary has the degree required by the labor certification and 
for classification as a professional. We agree. 
In this case, the record demonstrates that the Beneficiary holds an Indian master's degree in the field of 
computer science, which both the Petitioner's evaluations and EDGE state is equivalent to a U.S. 
bachelor's degree in computer science. Therefore, we find this degree to meet the requirements ofthe 
2 http://edge.aacrao .org/country /credential /master-of-arts-or-commerce?cid=single (last visited May 16, 20 17). 
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I. 
Matter of L-N- Corp. 
regulations and of the labor certification. Accordingly, we withdraw this portion of the Director's 
decision. 
B. The Beneficiary's Experience 
In addition to meeting the academic requirements for classification as a professional, a beneficiary 
must also possess the experience required by the labor certification by the priority date. See 8 C.F .R. 
§ 103.2(b)(l), (12), see also Matter ofWing's Tea House, 16 I&N Dec. at 159, Matter o.fKatigbak, 
14 I&N Dec. at 49. In this case, in addition to the required bachelor's degree, the terms of the labor 
certification also require 60 months of progressively responsible experience with Microsoft SQL 
Server, SSIS, WSDL, SSRS, and working within a production environment. 
The record establishes that the Beneficiary has approximately nine years of qualifying experience 
gained between November 5, 2005, and November 7, 2014. The Director's RFE stated that "the 
regulations for this visa classification require at least sixty (60) months or five (5) years of 
progressive post-baccalaureate experience in the specialty." The Director repeated this statement in 
his decision and concluded that the Petitioner had not established that the Beneficiary "met the 
minimum requirements of the labor certification." Specifically, the Director stated that since any 
work experience performed before April2012 when the Beneficiary was awarded the equivalent of a 
U.S. bachelor's degree "was pre-baccalaureate, [and] cannot be counted as qualifying post­
baccalaureate experience under the regulations at 8 C.F.R. §§ 204.5(K)(2) and 204.5(K)(3)(i)(B)." 
However, the regulations cited by the Director pertain to petitions for classification as a member of 
the professions holding an advanced degree, while the current petition seeks classification as a 
professional. Neither the current labor certification nor the statutes and regulations governing 
classification as a professional specifY that the Beneficiary's employment experience must be post­
baccalaureate. We find that the Beneficiary's work experience satisfies the requirements of the 
pertinent statutes and regulations, as well as the requirements of the labor certification. Accordingly, 
we withdraw this portion of the Director's decision. 
III. CONCLUSION 
The Beneficiary possesses the foreign degree equivalent to a U.S. bachelor's degree and over 60 
months of, experience as required by the labor certification. Accordingly, the Petitioner has 
established that the Beneficiary meets the minimum education and experience requirements of the 
labor certification and for classification as a professional. 
ORDER: The appeal is sustained. 
Cite as Matter of L-N- Corp., ID# 421348 (AAO June 2, 20 17) 
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