sustained EB-3 Case: Marketing

U.S. Citizenship 
and Immigration 
Services 
MATTER OF M-P-C-, INC. 
APPEAL OF TEXAS SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: FEB. 15, 2017 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a food manufacturing business, seeks to employ the Beneficiary as a Latin Market 
Development Specialist. 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, concluding that the evidence in the record of 
proceedings did not establish that the Beneficiary was a member of the professions and did not 
demonstrate that the Beneficiary has the education required for the offered position. 
The matter is now before us on appeal. The Petitioner states that the evidence in the record indicated 
that the Beneficiary possesses a master's degree in marketing and that the Director erred in 
concluding that this degree did not qualify the Beneficiary for the position offered. The Petitioner 
also asserts that the Beneficiary is a member of the professions and therefore qualifies for 
classification as a professional. 
Upon de novo review, we will sustain the appeal. 
After reviewing the record, including materials submitted on appeal, we find that the Petitioner has 
established that the Beneficiary has the education required for the offered position and qualifies for 
classification as a professional under section 203(b)(3)(A)(ii) of the Act. The Petitioner and 
Beneficiary are otherwise eligible for the classification sought. 
In visa petition proceedings, it is the petitioner's burden to establish eligibility for the immigration 
benefit sought. Section 291 ofthe Act, 8 U.S.C. § 1361. Here, the Petitioner has met that burden. 
ORDER: The appeal is sustained. 
Cite as Matter of M-P-C-, Inc., ID# 136075 (AAO Feb. 15, 2017)