sustained EB-3 Case: Software Engineering

U.S. Citizenship 
and Immigration 
Services 
MATTER OF N-, INC. 
APPEAL OF TEXAS SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JUNE 28, 2018 
PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a provider of clearinghouse and directory services to the global communications and 
internet industries, seeks to employ the Beneficiary as a QA engineer Ill. It requests classification of 
the Beneficiary as a skilled worker under the third preference immigrant classification. Immigration 
and Nationality Act (the Act) section 203(b)(3)(A)(i), 8 U.S.C. § 1153(b)(3)(A)(i). This 
employment-based "EB-3" 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 Texas Service Center denied the petition on the ground that the Beneficiary did 
not have a degree in one of the fields of study required on the labor certification. After a motion to 
reopen was dismissed by the Director, the Petitioner appealed. 
Upon de novo review, including further consideration of the education documents in the record, we 
find that the Petitioner has established by a preponderance of the evidence that the Beneficiary has the 
foreign equivalent of a degree in one of the required fields. 1 As such, the Beneficiary meets the 
minimum educational requirements of the labor certification, and we withdraw the Director's decision. 
ORDER: The appeal is sustained. 
Cite as Matter of N-, Inc., ID# 1480472 (AAO June 28, 2018) 
1 The labor certification allows for a foreign educational equivalent.