sustained EB-3 Case: Computer Software Development

U.S. Citizenship 
and In1n1igration 
Services 
MATTER OF A- INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: MAR. 14, 2019 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a computer software and hardware development company, seeks to employ the 
Beneficiary as a consulting engineer. It requests classification of the Beneficiary as a skilled worker 
under the third preference immigrant category. Immigration and Nationality Act (the Act) section 
203(b)(3)(A)(i), 8 U.S.C. § l 153(b)(3)(A)(i). This employment-based "EB-3" immigrant 
classification allows a U.S. employer to sponsor a foreign national for lawful permanent resident 
status to work in a position that requires at least two years of training or experience. 
The Director of the Nebraska Service Center denied the petition on the ground that the Beneficiary 
did not meet the minimum educational requirements for the job opportunity as specified on the labor 
certifi ca ti on. 
On appeal, the Petitioner asserts that the Director misconstrued the requirements of the labor 
certification and that the Beneficiary does meet the minimum requirements for the job opportunity. 
Upon de nova review, we will sustain the appeal. 
To be eligible for classification as a skilled worker a beneficiary must have at least two years of 
qualifying training or experience. See 8 C.F.R. § 204.5(1)(2). Furthermore, the beneficiary must 
meet all of the specific educational, training, experience, and other requirements of the labor 
certification by the petition's priority date.1 .See Matter of Wing's Tea House, 16 I&N Dec. 158, 
159 (Acting Reg'l Comm'r 1977). In this case the Director denied the petition finding that the 
Beneficiary did not have the degree necessary to meet the primary requirements of the offered 
position. However, the Director appears to have overlooked the alternate requirements listed on the 
labor certification in box 14 of section H. The record demonstrates that the Beneficiary meets the 
alternate requirements stated on the labor certification. The record also establishes the Beneficiary's 
possession of the specific skills required for the offered positon. 
1 The "priority date" of a petition is the date the underlying labor certification was filed with the Department of Labor. 
See 8 C.F.R. § 204.S(d). The priority date in this case is February 15, 2018. 
Matter of A- Inc. 
Based on the foregoing analysis, we conclude that the Beneficiary meets the minimum requirements 
of the labor certification and qualifies for the requested classification of skilled worker. 
ORDER: The appeal is sustained. 
Cite as Matter of A-Inc., ID# 2991800 (AAO Mar. 14, 2019) 
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