sustained EB-3 Case: Dance

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: JULY 30, 2024 In Re: 32791963 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (Skilled Worker) 
The Petitioner, a dance studio, seeks to employ the Beneficiary as a dance sport coach. The company 
requests his classification under the employment-based, third-preference (EB-3) immigrant visa 
category as a "skilled worker." See Immigration and Nationality Act (the Act) section 203(b)(3)(A)(i), 
8 U.S.C. § 1153(b )(3)(A)(i). Businesses may sponsor noncitizens for U.S. permanent residence in this 
category to work in jobs requiring at least two years of training or experience. Id. 
The Director of the Texas Service Center denied the petition. The Director concluded that the 
Petitioner did not demonstrate that the offered job requires a skilled worker. On appeal, the Petitioner 
contends that the Director overlooked the job's relevant post-secondary educational requirements, 
which can count as training for skilled-worker purposes. 
The Petitioner bears the burden of demonstrating eligibility for the requested benefit by a 
preponderance of the evidence. Matter of Chawathe, 25 l&N Dec. 369, 375-76 (AAO 2010). 
Exercising de novo appellate review, see Matter of Christo 's, Inc. , 26 I&N Dec. 537, 537 n.2 (AAO 
2015), we conclude that the offered job requires a skilled worker and that the Beneficiary qualifies for 
the job. We will therefore sustain the appeal. 
I. LAW 
Immigration as a skilled worker generally follows a three-step process. First, a prospective employer 
must obtain certification from the U.S. Department of Labor (DOL) that: there are insufficient U.S. 
workers able, willing, qualified, and available for an offered job; and a noncitizen's permanent 
employment in the job would not harm wages and working conditions of U.S. workers with similar jobs. 
Section 212(a)(5)(A)(i) of the Act, 8 U.S.C. § 1182(a)(5)(A)(i). 
Second, an employer must submit a DOL-approved labor certification with an immigrant visa petition 
to U.S. Citizenship and Immigration Services (USCIS). Section 204(a)(l)(F) of the Act. Among other 
things, USCIS determines whether a noncitizen beneficiary meets the requirements of a DOL-certified 
position and a requested immigrant visa category. 8 C.F.R. § 204.5(1)(3)(ii)(D), (4). 
Finally, if USCIS approves a petition, a beneficiary may apply for an immigrant visa abroad or, if 
eligible, adjustment of status in the United States. See section 245(a) of the Act, 8 U.S.C. § 1255(a). 
II. ANALYSIS 
A skilled worker must be able to perform work requiring at least two years of training or experience. 
Section 203(b)(3)(A)(i) of the Act; 8 C.F.R. § 204.5(1)(2) (defining the term "skilled worker"). Thus, 
"[t ]he minimum requirements for this classification are at least two years of training or experience." 
8 C.F.R. § 204.5(1)(3)(ii)(B). Also, "[r]elevant post-secondary education may be considered as 
training for the purposes of this provision." 8 C.F.R. § 204.5(1)(2). 
The Petitioner's Form I-140, Immigrant Petition for Alien Worker, requests the Beneficiary's 
classification as a skilled worker. The Director interpreted the accompanying labor certification as 
stating that the offered job of dance sport coach requires at least six months of experience as a dance 
sport instructor. The Director found that the labor certification listed neither education nor training as 
a job requirement. Determining that the job did not require at least two years of training or experience, 
the Director denied the petition. 
As the Petitioner contends, however, the Director overlooked a job requirement. The labor 
certification states that the job requires not only six months of experience as a dance sport instructor, 
but also at least a U.S. associate's degree, or a foreign equivalent degree, in dance education or a 
related field. As previously indicated, relevant post-secondary education can count as training for 
skilled-worker purposes. See 8 C.F.R. § 204.5(1)(2) ( defining the term "skilled worker"). An 
associate's degree generally requires two years of study. Combined with the job's required six months 
of experience as a dance sport instructor, the position's need for an associate' s degree demonstrates 
that the job requires at least two years of training or experience. Thus, the job requires a skilled 
worker. We will therefore withdraw the Director's contrary conclusion. 
The record also indicates the Beneficiary's satisfaction of the offered job's requirements. He has more 
than an associate' s degree in dance education or a related field, plus at least six months of experience 
as a dance sport instructor. The Petitioner demonstrated that, by the petition's priority date, he gained 
the equivalent of a U.S. master of arts degree in dance education and almost eight, foll-time years of 
experience as a dance sport instructor. See Matter ofWing's Tea House, 16 I&N Dec. 158, 160 (Acting 
Reg'! Comm'r 1977) (requiring a petitioner to demonstrate a beneficiary's qualifications for an offered 
job by a petition's priority date). 
III. CONCLUSION 
The Petitioner has demonstrated the offered job's need for a skilled worker and the Beneficiary's 
qualifications for the job. 
ORDER: The appeal is sustained. 
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