sustained EB-3

sustained EB-3 Case: Engineering

📅 Date unknown 👤 Company 📂 Engineering

Decision Summary

The appeal was sustained because the AAO found that the beneficiary's foreign degree, contrary to the Director's initial finding, was equivalent to a U.S. bachelor's degree. The record demonstrated that the degree comprised four academic years of coursework, thereby meeting the minimum educational requirement for the professional classification.

Criteria Discussed

Professional Classification U.S. Baccalaureate Degree Equivalency

View Full Decision Text

MATTER OF 8-C-, INC.
Non-Precedent Decision of the
Administrative Appeals Office
DATE: JULY 27, 2018
APPEAL OF NEBRASKA SERVICE CENTER DECISION
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER
The Petitioner, a construction company, seeks to employ the Beneficiary as a project engineer. It
requests classification of the Beneficiary as a professional under the third preference immigrant
classification. Immigration and Nationality Act (the Act) section 203(b)(3)(A)(ii), 8 U.S.C.
§ 1153(b)(3)(A)(ii). This employment-based "EB-3" 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's
educational degree was a three-year degree and therefore not equivalent to a U.S. baccalaureate
degree, the minimum level required for classification as a professional.
On appeal, the Petitioner submits a brief and additional documentation.
Upon de novo review, we find that the documentation in the record establishes that the Beneficiary's
degree comprised four academic years of coursework and demonstrates that the degree is comparable to
a bachelor's degree in mechanical engineering from an accredited college or university in the United
States. As such, the Beneficiary meets the minimum educational requirement of the labor certification
and is eligible for professional classification. Accordingly, we withdraw the Director's decision.
ORDER: The appeal is sustained.
Cite as Matter of B-C-, Inc., ID# 1606796 (AAO July 27, 2018)

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