sustained EB-3 Case: Finance

U.S. Citizenship 
and Immigration 
Services 
MATTER OF FM- LLC 
APPEAL OF TEXAS SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: DEC. 28,2016 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a financial management business, seeks to employ the Beneficiary as a senior quality 
assurance 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. § 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, Texas Service Center, denied the petition. The Director concluded that the Petitioner 
had not established that the Beneficiary qualifies as a professional since the Petitioner had not 
established that the Beneficiary possessed a degree in the fields of study required by the job 
offer. The Director also c<>mcluded that the documentation submitted by the Petitioner regarding the 
Beneficiary's employment experience did not satisfy regulatory requirements and was, therefore, not 
sufficient to establish that the Beneficiary possessed the experience required by the job offer. 
The matter is now before us on appeal. The Petitioner asserts that the Beneficiary meets the 
qualifications of a professional and possesses all of the education and work experience required by 
the job offer. Upon de novo review, we will sustain the appeal. 
The regulation at 8 C.P.R. § 204.5(1)(3)(ii)(C) states, in part: 
If the petition is for a professional, the petition must be accompanied by evidence 
that the alien holds a United States baccalaureate degree or a foreign equivalent 
degree and by evidence that the alien is a member of the professions. Evidence of a 
baccalaureate degree shall be in the form of an official college or university record 
showing the date the baccalaureate degree was awarded and the area of 
concentration of study. 
Section 101(a)(32) ofthe Act defines the tem1 "profession" to include, but is not limited to, "architects, 
engineers, lawyers, physicians, surgeons, and teachers in elementary or secondary schools, colleges, 
academies, or seminaries." If the offered position is not statutorily defined as a profession, "the 
petitioner must submit evidence showing that the minimum of a baccalaureate degree is required for 
entry into the occupation." 8 C.F.R. § 204.5(1)(3)(ii)(C). 
Matter of FM- LLC 
In addition, the job offer portion of the labor certification underlying a petition for a professional "must 
demonstrate that the job requires the minimum of a baccalaureate degree." 8 C.F.R. § 204.5(1)(3)(i). 
The beneficiary must also meet all of the requirements of the offered position set forth on the labor 
certification by the priority date of the petition. 8 C.F.R. § 103.2(b)(l), (12). See Matter of Wing's 
Tea House, 16 I&N Dec. 158, 159 (Act. Reg. Corum. 1977); see also Matter (?f Katigbak. 14 I&N 
Dec. 45, 49 (Reg. Corum. 1971). 
Upon review of the entire record, we conclude that the Petitioner has more likely than not established 
that the Beneficiary meets the requirements for classification as a professional and possesses the 
required educational and experience for the labor certification. The Beneficiary may be classified as a 
professional based on meeting the bachelor's degree requirement and the job offered requiring a 
bachelor's degree. See 8 C.F.R. § 204.5(1)(1 ). Accordingly, the petition is approved under section 
203(b)(3)(A)(ii) of the Act, 8 U.S.C. § 1153(b)(3)(A)(ii). 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 
8 U.S.C. § 1361. The Petitioner has met that burden. 
ORDER: The appeal is sustained. 
Cite as Matter qf FM- LLC, ID# 11768 (AAO Dec. 28, 2016) 
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