sustained EB-3 Case: Computer Science

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U.S. Citizenship 
and Immigration 
Services 
MATTER OF S- CORP. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: SEPT. 20,2017 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, an electromedical manufacturing company, seeks to employ the Beneficiary as a 
computer systems analyst. 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 Nebraska Service Center denied the petition, concluding that the record did not 
establish that the Beneficiary has a degree in one of the fields of study specified by the employer on 
the labor certification. 
On appeal the Petitioner submits a brief and supporting documentation, and asserts that the 
Beneficiary has a degree that meets the requirements of the labor certification. 
Upon de novo review, we will sustain the appeal. 
One of the requirements of the requested immigrant visa classification is that the beneficiary must 
meet all of the education, training, experience and other requirements specified on the labor 
certification. See Matter o_[Wing's Tea House, 16 I&N Dec. 158, 159 (Acting Reg'! Comm'r 1977). 
In evaluating the beneficiary's qualifications,. we must look to the job offer portion of the labor 
certification to determine the required qualifications for the position. 
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). In 
section, H of the labor certification the Petitioner specified that the minimum educational 
requirement for the job offered was a bachelor's degree in "Computer Science, Information Systems 
or [a] related design or technology field." 
In section J of the labor certification the Beneficiary claimed that he met and exceeded the 
educational requirement for the offered position with a master's degree in media arts and technology 
from in Massachusetts. The record includes copies of the Beneficiary's 
degree and academic transcript from which show that the Beneficiary was awarded 
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Matter of S- Corp. 
a Master of Fine Arts (MFA), with a major in media art, upon completion of a three-year master's 
degree program on May 11, 2014. 
In denying the petition, the Director found that the Beneficiary's coursework focused on the field of 
media art, rather than computer science or information technology. The Director acknowledged that 
catalogues and other documentation from indicate the prevalence of "technology 
usage" in interactive media production, but expressed doubt that the Beneficiary's coursework in his 
Master of Fine Arts degree program prepared him for the profession of computer systems analyst. 
The Director concluded that the Beneficiary does not have a bachelor's degree or a foreign 
equivalent degree in the field of computer science, information systems, or a related design or 
technology field. · 
On appeal the Petitioner emphasizes the importance of computer skills and technology in the field of 
media art. The Petitioner cites which describes 
the field of media arts as being "utterly transformed by digitization." In a letter from its president 
and CEO, dated April 5, 2017, the Petitioner states that it is developing a new generation of "smart" 
sensing surgical instruments and medical devices, and that it develops user interfaces that utilize 
two- and three-dimensional graphics and images depicting objects in motion or illustrating a process 
using computer animation or modeling 
programs. The letter states that the computer systems analyst 
must understand these design and technology features, and asserts that the Beneficiary gained a solid 
foundation in media design and interactive digital media technology (including computer 
programming, 2D and 3D modeling skills, as well as digital, audio, and video design and 
technology) in his MFA in Media Art degree program. The most prominent example was the 
Beneficiary's master's thesis project during his final year at Emerson, a copy of which is in the 
record. 
Based on all the evidence of record, we conclude that the Beneficiary's Master of Fine Arts with a 
major in media art satisfies the labor certification's minimum educational requirement because it 
falls under the broad umbrella of a "related design field" to computer science or information 
systems. Accordingly, we will sustain the appeal. 
ORDER: The appeal is sustained. 
Cite as Matter o.fS- Corp., ID# 785091 (AAO Sept. 20, 2017) 
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