sustained EB-3 Case: Education

U.S. Citizenship 
and Immigration 
Services 
MATIER OF K· LLC 
APPEAL OF TEXAS SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JUNE 26,2018 
PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, an operator of a preschool, seeks to employ the Beneficiary as a teacher. It requests 
her classification under the third-preference immigrant category as a skilled worker. Immigration 
and Nationality Act (the Act) section 203(b)(3)(A)(i), 8 U.S.C. * ll53(b)(3)(A)(i). This 
employment-based, "EB-3" category allows a U.S. business to sponsor a foreign national with at 
least two years of training or experience for lawful permanent resident status. 
The Director of the Texas Service Center denied the petition. The Director concluded that the 
Petitioner did not demonstrate the Beneficiary's possession of the minimum education required for 
the offered position or the company's required ability to pay the proffered wage. 
On appeal, the Petitioner submits additional evidence and asserts that the record demonstrates the 
Beneficiary's qualifications for the offered position and the company's ability to pay. 
Upon de novo review, we will sustain the appeal. 
The Director found that, contrary to the requirements stated on the accompanying certification from 
the U.S. Department of Labor, the record did not establish the Beneliciary's foreign degree as the 
equivalent of a U.S. associate's degree in a required field. On appeal, the Petitioner submitted 
extensive evidence to demonstrate that the Beneliciary's foreign educational credential is in fact the 
foreign equivalent degree of a U.S. associate's degree and that it is in a tield required by the labor 
certification. As such, we find that a preponderance of evidence establishes the Beneficiary's 
possession of the minimum education required for the offered position. 
Also, the record on appeal establishes that the Petitioner either paid the Beneficiary more than the 
proffered wage or had sufficient net income or net current assets to pay the proffered wage for the 
years in question. The Petitioner therefore has demonstrated its ability to pay the proffered wage. 
ORDER: The appeal is sustained. 
Cite as Miztter of K- LLC, ID# 1237609 (AAO June 26, 2018)