How To Get A Job In The United States



Similar documents
PUBLI(1 mpy. identifying data deleted to prevent clea.-;y i?w".rrantrg invasion of personai prlvac) U.S. Citizenship and Immigration Services

'identifying data deleted. and Immigration. prevent clearly unwamtn invasion of person& privq. U. S. Citizenship ON BEHALF OF PETITIONER:

(b)(6) OFFICE: TEXAS SERVICE CENTER

OFFICE: TEXAS SERVICE CENTER

AUG invasion of persond privacy. prevent clearly unwarranted. identifying data deleted to. and Immigration. U. S. Citizenship.

B $- PUBLIC COPY. and Immigration. ident.i-2;; in:... :Iat:+ deie'cd to prevcrit uie.air:y unwarranted invasion of personal privacy.

l'tlbl1c COP"t u. S. Citizenship OCT and Immigration Services

PUBLIC COPY. invasion of persod privacy. Edentieing data deleted to. prevent clearly unwarranted. and Immigration. U. S. Citizenship.

Office: NEBRASKA SERVICE CENTER Date: DEC 0 5.,

00 PerryRhew Chief, Administrative Appeals Office. and Immigration Services. U.S. Citizenship

and Immigration Services U. S. Citizenship Office: CALIFORNIA SERVICE CENTER Date: MAR 1 4 WAC

@l5"""';';".il' dtt;"ed,<m' =< A", '""hoc ;",";ry m,," b, m."o,",." "m". PUBLIC COpy. and Immigration Services

How To Get A Nursing Job In Vermont

JB' U. S. Citizenship and Immigration. FILE: EAC Office: VERMONT SERVICE CENTER ~ateja I

rr;,u, WQ13'tU'l ~ia{enberg Acting Chief, Administrative Appeals Office and Ililmigration Services

(b)(6) OFFICE: NEBRASKA SERVICE CENTER.

and Immigration U.S. Citizenship

PUBLIC COPY. i&tipuiw dnca deleted to pmvmt ~nwmmted invasion of personal priva~y. and Immigration. U. S. Citizenship. In re:

and Immigration U. S. Citizenship

PUBLIC COPY. and Immigration. Services. U. S. Citizenship. Office: VERMONT SERVICE CENTER

SEP 1 &ZOO9. invasion of personai privacj. identiqing data deleted to. preveirt clearly unwarranted. Services. Date: LIN

invasion ofpersonal privacy

apeatgiog data deleted to

is d U.S. Citizenship and Immigration Office: VERMONT SERVICE CENTER File:

invmiom crf persona1 privacy

FILE: Office: VERMONT SERVICE CENTER Date: EAC flay 3 0 ZW

invasion of persona1 privacy

croo .and Immigration services (b)(6) u~s. Citizenship OFFICE: TEXAS SERVICE CENTER FILE: DATE: JAN 11t 2013 INRE:

invasion of personal privq,

4~+;~ Ron Rosenberg Acting Chief, Administrative Appeals Office. (b)(6) DATE: JUN OFFICE: NEBRASKA SERVICE CENTER FILE: Beneficiary:

~osen~~g. (b)(6) DATE: OFFICE: NEBRASKA SERVICE CENTER FILE AUG Beneficiary:

FILE: EAC Office: VERMONT SERVICE CENTER Date: A&

Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(l S)(H)(i)(b) of the

SUBJECT: Educational and Experience Requirements for Employment-Based Second Preference (EB-2) Immigrants

(b)(6) OFFICE: TEXAS SERVICE CENTER. Enclosed please find the decision of the Administrative Appeals Office (AAO) in your case.

Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(l5)(H)(i)(b) ofthe Immigration and Nationality Act, 8 U.S.C. 1101(a)(15)(H)(i)(b)

PUBLIC COPY. Office: NEBRASKA SERVICE CENTER Date: JUN Q

Specialty Occupations and Positions - Overview of the US Citizens Visa Agreements

(b)(6) OFFICE: TEXAS SERVICE CENTER

~PerryRhew Chief, Administrative Appeals Office. PUBLIC COpy. identifying data deleted to prevent cleariy unwarranted invasion of~oersonal privacy

paeveat clearly unwarrante:

PUBLIC COPY. idaaifybgbdehib. prevent clearly uninvasion. and Immigration. of personal pivrey. U.S. Citizenship. Services. rn RE:

' Administrative 2ddzr5? PUBLIC COPY. and Immigration. invasion of personal privacy. identifying data deleted to. U. S.

Petition for a Nonimmigrant Worker Pursuant to Section lol(a)(ls)(h)(i)(b) of the Immigration and Nationality Act, 8 U.S.C. 4 1 lol(a)(ls)(h)(i)(b)

FILE: WAC Office: CALIFORNIA SERVICE CENTER Date: UG

FILE: LIN Office: NEBRASKA SERVICE CENTER Date: JUN

FILE: EAC 03 i Office: VERMONT SERVICE CENTER DatdAN

FILE: LIN Office: NEBRASKA SERVICE CENTER Date:

u. S. Citizenship PUBLIC COP'y invasion ofpersonal pnvacy identifying data deleted to prevent clearly unwarr~ted and Immigration Services

OFFICE: TEXAS SERVICE CENTER

FILE: EAC Office: VERMONT SERVICE CENTER Date: SEP 3 9

PUBLIC COPY. identiging Qta b. and Immigration. invasion of pe~onal pdvay. prevent clear lr J unwmw. Services. U.S. Citizenship

and Immigration Services

OFFICE: NEBRASKA SERVICE CENTER FILE:

PUBUC COPY. identieing data d cw to paevent clady r~tmw. inv orf me^ U. S. Citizenship and Immigration. TEXAS SERVICE CENTER Date: MC 2 6 2m

U. S. Citizenship and Immigration

U.S.Citizenship and Immigration

and Immigration U. S. Citizenship Services FILE: WAC Office: CALIFORNIA SERVICE CENTER Date: JAN Petitioner: Beneficiary: 8

identitjring dat? Meted t6 ppevent cler~iy tmwmanted

FILE: WAC Office: CALIFORNIA SERVICE CENTER Date: fim 2 g 2l)ljtj

PUBLIC COPY. and Immigration. invasion of personal privacy. identifying data deleted to prevent clearly c r-wmmted. U. S.

~you, JUN Z. \ \;v- ~ erry Rhew Chief, Administrative Appeals Office. and Immigration. U.S. Citizenship. Services

FILE: WAC Office: CALIFORNIA SERVICE CENTER Date: 2 2 2OuS

FILE: WAC Office: CALIFORNIA SERVICE CENTER Date: NOV

f'(i,lx"'- ~~ Robert P. Wiemann, Chief Administrative Appeals Office u.s. Citizenship PUBLICCOP"i invasion ofpersonal privacy

Office: NEBRASKA SERVICE CENTER FILE

and Immigration Services A/

PUBLIC COPY. and Immigration. U.S. Citizenship. FILE: WAC Office: CALIFORNIA SERVICE CENTER Date: ApR 1 g 2a)5

and Immigration U.S. Citizenship Services EAC

U. S. Citizenship and Immigration Services

U.S. Citizenship and Immigration Services

FILE: WAC Office: CALIFORNIA SERVICE CENTER Date: APR F

FILE: WAC Office: CALIFORNIA SERVICE CENTER Date: I ,, 1'.

Petition for a ~on&nigrant Worker Pursuant to Section 10 1 (a)(l S)(H)(i)(b) of the Immigration and Nationality Act, 8 U.S.C. $ 1 lol(a)(ls)(h)(i)@)

U.S. Citizenship and Immigration Services

U. S. Citizenship and Immigration

Petition for a Nonimmigrant Worker Pursuant to Section lol(a)(ls)(h)(i)(b) of the Immigration and Nationality Act, 8 U.S.C l(a)( 15)(H)(i)(b)

FILE: WAC Office: CALIFORNIA SERVICE CENTER Date: APR O

, identifying data deleted to prevent clearly unwarranted invasion of personal privac,

Office: TEXAS SERVICE CENTER Date: MAR

FILE: Office: CALIFORNIA SERVICE CENTER Date: WAC

U. S. Citizenship and Immigration

Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act, 8 U.S.C. 1101(a)(15)(H)(i)(b)

FILE: WAC Office: CALIFORNIA SERVICE CENTER Date: AUG

FILE: WAC Office: CALIFORNIA SERVICE CENTER Date: 0

PUBLIC COPY. invasion of personal privacy. identifying data deleted to *ent clearly unwartanted. U. S. Citizenship and Immigration

FILE: WAC Office: CALIFORNIA SERVICE CENTER Date: APR

FILE: WAC Office: CALIFORNIA SERVICE CENTER ~ate:au& )

U. S. Citizenship. and Immigration Services IN RE:

and Immigration Services

PUBtlC COPY. identijring data deleted to. invasion of personal privacy. prevent clearly unwarranted. and Immigration. U.S.

FILE: WAC Office: CALIFORNIA SERVICE CENTER Date: ~ny 2 8

rz), . identifying data deleted to Washington, DC rnjblic copy invasion of personal privacy prevent clearly unwarranted and Immigration

Office: NEBRASKA SERVICE CENTER Date: JAN 1! 2011

U.S. Citizenship and Immigration Services

FILE: WAC Office: CALIFORNIA SERVICE CENTER Date: JUN

PUBLIC COPY. and Immigration. U.S. Citizenship. identifying dhta deleted e prevent clearly unwarranteo invasion of personal privacy

Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act, 8 U.S.C. 1l01(a)(15)(H)(i)(b)

$EP invasion of per~~nd P'~"W. Services. U. S. Citizenship and Immigration IN RE: Office: NEBRASKA SERVICE CENTER Date: LIN

U. S. Citizenship and Immigration Services

Transcription:

U.S. Department of fzomeland Security 20 Mass. Ave., N.W., Rrn. 3000 Washington, DC 20529 identifpnp data deleted to prevent ciearfy ~~lwa~mted invasion of personal privacy U.S. Citizenship and Immigration Services PUBLIC COPY FILE: LIN 07 093 52637 Office: NEBRASKA SERVICE CENTER Date: NOV 0 7 2008 PETITION: Immigrant Petition for Alien Worker as a Member of the Professions Holding an Advanced Degree or an Alien of Exceptional Ability Pursuant to Section 203(b)(2) of the Immigration and Nationality Act, 8 U.S.C. 9 1153(b)(2) ON BEHALF OF PETITIONER: INSTRUCTIONS: This is the decision of the Administrative Appeals Office in your case. All documents have been returned to the office that originally decided your case. Any further inquiry must be made to that office. V 3obert P. W~emann, Chief Administrative Appeals Office

LIN 07 093 52637 Page 2 DISCUSSION: The Director, Nebraska Service Center, denied the employment-based immigrant visa petition, which is now before the Administrative Appeals Office (AAO) on appeal. The decision of the director will be withdrawn, the appeal will be sustained, and the petition will be approved. The petitioner is a computer consulting firm. It seeks to employ the beneficiary permanently in the United States as a lead computer consultant pursuant to section 203(b)(2) of the Immigration and Nationality Act (the Act), 8 U.S.C. 5 1 153(b)(2). In pertinent part, section 203(b)(2) of the Act provides immigrant classification to members of the professions holding advanced degrees or their equivalent and whose services are sought by an employer in the United States. As required by statute, an ETA Form 9089 Application for Alien Employment Certification approved by the Department of Labor (DOL), accompanied the petition. Upon reviewing the petition, the director determined that the job offer did not require an advanced degree professional. On appeal, counsel submits a brief and a letter from the petitioner. For the reasons discussed below, we withdraw the director's adverse findings. In pertinent part, section 203(b)(2) of the Act provides immigrant classification to members of the professions holding advanced degrees or their equivalent and whose services are sought by an employer in the United States. An advanced degree is a United States academic or professional degree or a foreign equivalent degree above the baccalaureate level. 8 C.F.R. 5 204.5(k)(2). The regulation further states: "A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master's degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree." Id. The regulation at 8 C.F.R. 204.5(k)(4)(i) provides that the job offer portion of the individual alien employment certification "must demonstrate that the job requires a professional holding an advanced degree or the equivalent." The beneficiary possesses a foreign four-year bachelor's degree and more than five years of progressive experience. The beneficiary's occupation falls within the pertinent regulatory definition of a profession. Thus, the beneficiary qualifies as a member of the professions holding an advanced degree as defined at 8 C.F.R. 5 204.5(k)(2). The only issue in contention is whether the job offered requires a member of the professions holding an advanced degree. The key to determining the job qualifications is found on ETA Form 9089, Part H. This section of the application for alien employment certification, "Job Opportunity Information," describes the terms and conditions of the job offered. It is important that the ETA Form 9089 be read as a whole. Citizenship and Immigration Services (CIS) must look to the job offer portion of the alien employment certification to determine the required qualifications for the position. CIS may not ignore a term of the labor certification, nor may it impose additional requirements. See Matter of Silver Dragon Chinese Restaurant, 19 I&N Dec. 401,406 (Comm. 1986). See also Madany v. Smith, 696 F.2d 1008, 1012-101 3 (D.C. Cir. 1983); K.R.K. Irvine, Inc. v. Landon, 699 F.2d 1006, 1008 (9th

LIN 07 093 52637 Page 3 Cir. 1983); Stewart Infra-Red Commissary of Massachusetts, Inc. v. Coomey, 661 F.2d 1 (1st Cir. 1981). The exact language of Part H, lines 4 through 10-A and the petitioner's responses are relevant to our evaluation and are repeated below. Line 4: Line 6: Line 6-A Line 8: Line 8-A: Line 8-C: Line 9: Line 10: Line 10-A: Line 10-B: Line 14: Education: Minimum Level Required: "Bachelor's." Is experience in the job offered required for the job? "Yes." If Yes, number of months experience required: "60." Is there an alternate combination of education and experience that is acceptable? "Yes." If Yes, specify the alternate level of education required: "Master's" If applicable, indicate the number of years experience acceptable in question 8: "1." Is a foreign educational equivalent acceptable? "Yes." Is experience in an alternate occupation acceptable? "Yes." If Yes, number of months experience in alternate occupation required: "60." Identify the job title of the acceptable alternate occupation: "Computer Software Development." "Will accept any suitable combination of education, training or experience. Will accept degree equivalency based on combination of foreign sources." The director concluded the language in line 14 indicated that the job did not require a member of the professions holding an advanced degree because current regulations "do not allow for a combination of (foreign) degrees and work experience to qualify as equivalent to an advanced degree." On appeal, counsel asserts that the language set forth in line 14 was not intended to suggest that education and experience would be accepted in lieu of a baccalaureate, but rather to allow a combination of an associate's degree and a baccalaureate or a baccalaureate following 13 years of primary and secondary education. Counsel submits a letter from the petitioner confirming its intent as stated by counsel. First, the director erred in stating that no regulation allows a combination of education and experience to be considered "equivalent to an advanced degree." In fact, the regulation at 8 C.F.R. 204.5(k)(2) expressly states that a baccalaureate followed by five years of progressive experience is equivalent to an advanced degree. The regulations relating to the immigrant classification sought do not allow for a combination of education and experience to be considered equivalent to a U.S. baccalaureate. In 1991, when the final rule for 8 C.F.R. 9 204.5 was published in the Federal Register, the Immigration and Naturalization Service (the Service), responded to criticism that the regulation required an alien to have a bachelor's degree as a minimum and that the regulation did not allow for the substitution of experience for education. After reviewing section 121 of the Immigration Act of 1990, Pub. L. 101-649 (1990), and the Joint Explanatory Statement of the Committee of Conference, the Service

Page 4 specifically noted that both the Act and the legislative history indicate that an alien must have at least a bachelor's degree: The Act states that, in order to qualify under the second classification, alien members of the professions must hold "advanced degrees or their equivalent." As the legislative history... indicates, the equivalent of an advanced degree is "a bachelor's degree with at least five years progressive experience in the professions." Because neither the Act nor its legislative history indicates that bachelor's or advanced degrees must be United States degrees, the Service will recognize foreign equivalent degrees. But both the Act and its legislative history make clear that, in order to qualify as a professional under the third classification or to have experience equating to an advanced degree under the second, an alien must have at least a bachelor's degree. 56 Fed. Reg. 60897,60900 (Nov. 29, 1991) (emphasis added). In light of the above, if the certified job requires anything less than a bachelor's degree, the job does not require an advanced degree professional. 8 C.F.R. 204.5(k)(2). We must, however, read the entire Part H in context. As quoted above, on line 14 the petitioner indicated that any "suitable" combination of education and experience would be acceptable. On lines 4 and 6, the minimum education and experience required are a bachelor's degree and five years of experience. On Line 8, the petitioner indicated that a combination of a Master's degree plus one year of experience would also be acceptable. The petitioner asserts the language in line 14 allowing for a combination of "foreign sources" merely allowed for a foreign educational equivalent such as an associate's/bachelor's combination or a baccalaureate following 13 years of primary and secondary education. Accepting the petitioner's claimed intent, the last sentence in line 14 would appear to be unnecessary since a student who receives a baccalaureate after transferring from an associate's degree program still receives an actual baccalaureate and a foreign education equivalency would appear to include foreign baccalaureate programs that are truly equivalent to U.S. baccalaureate programs based on an evaluation of the number of years in the program and the number of years of primary and secondary education required to enter the program. Moreover, the petitioner already indicated that it would accept a foreign educational equivalency by responding affirmatively on line 9. Nevertheless, the petitioner listed the primary educational and experience requirements in lines 4 and 6 and the alternate requirements in lines 8-A through 8-C. While we do not discount the possibility that language in line 14 could undermine the job requirements set forth elsewhere in Part H, the language used in this matter, read in context with all of Part H, does not suggest that anything less than the requirements set forth in lines 4,6, and 8 would be acceptable. In light of the above, we are persuaded that the job requires an advanced degree professional. The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. tj 136 1. Here, the petitioner has met that burden.

Page 5 ORDER: The decision of the director is withdrawn. The appeal is sustained and the petition is approved.