sustained EB-3

sustained EB-3 Case: Telecommunications

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Telecommunications

Decision Summary

The Director denied the petition, concluding the Beneficiary's foreign degree was not in one of the fields required by the labor certification. Upon review, the AAO found the evidence sufficient to demonstrate that the Beneficiary's foreign degree is equivalent to a U.S. bachelor's degree in one of the required fields, thus meeting the academic requirements.

Criteria Discussed

Educational Requirements Foreign Degree Equivalency Labor Certification Requirements

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View Full Decision Text
U.S. Citizenship 
and Immigration 
Services 
MATTER OF 0-T-, INC. 
APPEAL OF TEXAS SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: OCT. 4, 2017 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a business offering billing mediation solutions to telecommunications providers. 
seeks to employ the Beneficiary as a senior design engineer. It requests classification of the Beneficiary 
as a professional under the third preference immigrant classification. See Immigration and Nationality 
Act section 203(b)(3)(A)(ii), 8 U.S.C. ยง 1152(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 visa petition, concluding that the Beneficiary 
did not have the baccalaureate degree required by the labor certification. 
On appeal, the Petitioner asserts that the Director has erred in his assessment of the evidence it has 
submitted for the record to establish the Beneficiary's degree. Upon de novo review, we will sustain 
the appeal. 
The labor certification requires a U.S. bachelor's or foreign degree equivalent in computer science. 
engineering, computer applications, management information systems. mathematics or a related 
field. The Director found that the Beneficiary's degree, while equivalent to a U.S. bachelor's 
degree, was not in one of the fields listed on the labor certification. However, we find the evidence 
of record sufficient to demonstrate that the Beneficiary"s foreign degree is equivalent to a U.S. 
bachelor's degree in one of the required fields. Therefore. the Petitioner has established that the 
Beneficiary meets the academic requirements of the labor certification. Accordingly, we will sustain 
the appeal. 
ORDER: The appeal is sustained. 
Cite as Matter ofO-T-. Inc., ID# 591777 (AAO Oct. 4, 2017) 
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