sustained EB-3 Case: Information Technology

.
U.S. Citizenship 
and Immigration 
Services 
MATTER OF H-A-, INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JULY 18,2017 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, an IT and engineering services business, seeks to employ the Beneficiary as a "Business 
Analyst 1." It requests classification of the Beneficiary as a skilled worker under the third preference 
immigrant classification. See Immigration and Nationality Act (the Act) section 203(b)(3)(A)(i), 
8 U.S.C. § 1153(b)(3)(A)(i). This employment-based immigrant classification allows a U.S. 
employer to sponsor a foreign national for lawful permanent resident status to work in a position that 
requires at least two years of training or experience. 
The Director of the Nebraska Service Center denied the petition, concluding that the Petitioner had 
not established that the Beneficiary met the educational requirements of the labor certification. 
On appeal, the Petitioner asserts that the Beneficiary meets the terms of the labor certification as 
shown by the evaluations of his education and experience credentials. Upon de novo review, we will 
sustain the appeal. 
A beneficiary must meet all of the requirements of the offered position set forth on the labor 
certification by the priority date ofthe petition. See Matter of Wing's Tea House, 16 I&N Dec. 158, 
159 (Acting Reg'l Comm'r 1977). In this case, Section H.4 ofthe ETA Form 9089, Application for 
Permanent Employment Certification (labor certification), requires a bachelor's degree in computer 
science. Section H.14 states the following, in pertinent part: 
" 
Requires Bachelor's degree* or foreign equivalent in Business Administration, 
Management, Statistics, Computer Science, Engineering, Information Technology, 
Computer Technology, Computer Information Systems, _Management Information 
Systems or related field. *Employer will accept a combination of education and 
experience as determined by a qualified evaluation service as equivalent to a 
Bachelor's degree. 
The record contains an evaluation of the Beneficiary's education and experience from 
for the and an evaluation from a professor of 
computer and information sciences at Both evaluators conclude that the 
Beneficiary's employment experience and education equates to a U.S. bachelor of science degree 
with a dual major in information technology and business administration. 
Matter of H-A-, Inc. 
At issue here is whether the Beneficiary meets the terms of the labor certification by satisfying the 
requirements of Section H.l4 despite the indication in Section H.4 that a bachelor's degree is 
required. As indicated above, the skilled worker classification requires at least two years of training 
or experience and does not require a bachelor's degree. Accordingly, we look at the plain meaning 
of the terms used on the labor certification to determine whether the Beneficiary meets these terms. 
The advertisements for the position offered state that the Petitioner "will accept a combination of 
education and experience as determined by a qualified evaluation service as equivalent to a 
Bachelor's degree." The evaluations in the record state that the Beneficiary's education and 
experience is equivalent to a U.S. bachelor's degree. Therefore, we co11clude that the language in 
Section H.14 modifies H.4 and the Petitioner has established that the Beneficiary meets the terms of 
the labor certification. 
c 
The Petitioner has established that the Beneficiary meets the minimum requirements of the labor 
certification for classification as a skilled worker under section 203(b )(3)(A)(i) of the Act. 
ORDER: The appeal is sustained. 
Cite as Matter of H-A-, Inc., ID# 389632 (AAO July 18, 2017) 
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