sustained
EB-3
sustained EB-3 Case: 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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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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