sustained EB-3

sustained EB-3 Case: Computer Science

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Computer Science

Decision Summary

The Director initially denied the petition because the Beneficiary's degree from Pakistan was not deemed equivalent to a U.S. baccalaureate degree. The appeal was sustained because the Petitioner provided three credentials evaluations and cited the AACRAO EDGE database, which established that the Beneficiary's four-year bachelor of science degree is a foreign equivalent degree, satisfying the requirements for classification as a professional.

Criteria Discussed

Possession Of A U.S. Baccalaureate Or Foreign Equivalent Degree

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.
U.S. Citizenship 
and Immigration 
Services 
MATTER OF A-C- LLC 
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 electronic commerce company, seeks to employ the Beneficiary as a software 
development engineer. 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. ยง 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 on the ground that the Beneficiary 
does not have a U.S. baccalaureate or foreign equivalent degree and therefore does not meet the 
minimum educational requirement for the job offered under the terms of the labor certification and 
for classification as a professional. 
On appeal the Petitioner submits additional evidence and asserts that the Beneficiary holds the 
foreign equivalent of a U.S. bachelor's degree in computer science. 
Upon de novo review, we will sustain the appeal. 
The beneficiary of a petition must meet all of the educational, experience, and other requirements of 
. the offered position as stated on the labor certification by the priority date. 1 See Matter ol Wing's 
Tea House, 16 I&N Dec. 158, 159 (Act. Reg'l Comm'r 1977). In this case, the offered position and 
the requested immigrant visa classification both require a bachelor's degree. 
The Beneficiary received a four-year bachelor of science in computer science from 
m Pakistan. 
The record contains three credentials evaluations stating that the Beneficiary's degree is the foreign 
equivalent of a U.S. bachelor's degree. In addition, the Educational Database for Global Education 
(EDGE), created by the American Association of Collegiate Registrars and Admissions Officers 
1 
The ''priority date" is the date the labor certification (ETA Form 9089, Application for Permanent Employment 
Certification) is filed with the Department of Labor. See 8 C.F.R. ยง 204.5(d). 
.
Matter of A-C- LLC 
(AACRA0), 2 states that a four-year (non-business) bachelor's degree from Pakistan is comparable 
to a bachelor's degree in the United States. 
We therefore conclude that the Beneficiary's bachelor of science from is a "foreign 
equivalent degree" to a U.S. baccalaureate degree, within the meaning of 8 C.F.R. ยง 204.5(1)(3)(i)(C), 
which makes the Beneficiary eligible for classification as a professional. We also conclude that the 
Beneficiary's degree meets the terms of the labor certification because it satisfies the mm1mum 
educational requirement of a bachelor's degree. 
The Petitioner has established that the Beneficiary meets the minimum educational requirements of 
the labor certification and is eligible for classification as a professional. Accordingly, we will 
withdraw the Director's decision and sustain the appeal. 
ORDER: The appeal is sustained. 
Cite as Matter of A-C- LLC, ID# 583590 (AAO Sep. 20, 2017) 
2 AACRAO is described on its website as "a nonprofit, voluntary, professional association of more than II ,000 higher 
education admissions and registration professionals who represent more than 2,600 institutions and agencies in the 
United States and in over 40 countries." http://www.aacrao.org/about (last accessed September 18, 20 17). "Its mission 
is to provide professional development, guidelines, and voluntary standards to be used by higher education officials 
regarding the best practices in records management, admissions, enrollment management, administrative information 
technology, and student services." !d. EDGE is "a valuable resource for evaluating educational credentials earned in 
foreign systems." AACRAO EDGE, http://aacrao.org/aacrao-solutions/aacrao-international/aacrao-edge/edge (last 
accessed September 18, 20 17). 
2 
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