sustained
EB-3
sustained EB-3 Case: Information Systems
Decision Summary
The appeal was initially dismissed because the beneficiary's foreign engineering degree and U.S. master's degree in information systems management were not in the specific field of computer science required by the labor certification. Upon reopening the case, the AAO reconsidered an education equivalency evaluation and found that the beneficiary did meet the educational requirements. The AAO therefore withdrew its previous decision and sustained the appeal.
Criteria Discussed
Educational Requirements Of Labor Certification Degree Equivalency
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. U.S. Citizenship and Immigration Services MATTER OF T-C- , INC. Non-Precedent Decision of the Administrative Appeals Office DATE: OCT. 12, 2017 MOTION ON ADMINISTRATIVE APPEALS OFFICE DECISION PETITION: FORM l-140, IMMIGRANT PETITION FOR ALIEN WORKER The Petitioner, a manufacturer of composite decking, seeks to employ the Beneficiary as an information systems analyst. 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 of the Texas Service Center denied the petition because the record did not establish that the Beneficiary had a degree in the field of study specified on the labor cer1ification. Specitically. the labor certification requires a bachelor's degree in computer science and states that no alternative field of study is acceptable. The Beneficiary has a four-year Indian bachelor of engineering degree and a U.S. master ' s degree in information systems management from We dismissed the appeal on the ground that neither of the Beneficiary's degrees is in the required field of computer science. Upon further review of the record, including further consideration of an education equivalency evaluation from one of stating his opinion that the Beneficiary has the equivalent of a bachelor's degree in computer science, we reopen the appeal on service motion 1 and find that the Petitioner has established by a preponderance of the evidence that the Beneficiary met all of the educational requirements of the labor certification as of the priority date. Therefore, we withdraw our previous decision and approve the Beneficiar-y's requested immigrant classification . ORDER: The appeal is sustained . Cite as Matter ofT-C-. Inc., ID# 946781 (AAO Oct. 12, 2017) 1 8 C.F.R § 103.5(a)(5)(i).
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