The Petitioner, a furniture store, seeks to employ the Beneficiary as a systems engineer. It requests classification of the Beneficiary as a member of the professions holding an advanced degree under the second preference immigrant classification.' See Immigration and Nationality Act (the Act) section 203(b)(2), 8 U.S.C. § 1153(b)(2). This employment-based immigrant classification allows a U.S. employer to sponsor a professional with an advanced degree for lawful permanent resident status.
The Director of the Nebraska Service Center denied the petition, concluding that the Petitioner had not established that the Beneficiary met the educational requirements of the labor certification.
On appeal, the Petitioner asserts that the Beneficiary possesses the foreign equivalent of a U.S. master's degree. Upon de novo review, we will sustain the appeal.
A beneficiary must meet all of the requirements of the offered position set forth on the labor certificationbytheprioritydateofthepetition. SeeMatterofWing'sTeaHouse,16I&NDec.158, 159 (Acting Reg'l Comm'r 1977). In this case, section H.4 ofthe ETA Form 9089, Application for Permanent Employment Certification (labor certification), requires a master's degree in electrical engineering. Section J of the labor certification states that the Benet1ciary possesses a master's degree in electrical engineering from The record contains a copy of the Beneficiary ' s diploma and transcripts from the as well as evaluations of his educational credentials from and These evaluations each conclude that the Beneficiary's education is the foreign equivalent ofa LJ.S. master's degree in electrical engineering.
The Director reviewed information from the American Association of Collegiate Registrars and Admissions Officers (AACRAO) Electronic Database for Global Education (EDGE). stated that, according to EDGE, "the Diploma of higher education represents attainment of a level of education comparable to a Bachelor's degree in the United States." On appeal, the Petitioner states AACRAO is "a nonprofit, voluntary, professional association of more than ll ,000 higher education professionals who represent approximately 2,600 institutions in over 40 countries." http://www4.aacrao.org/centennial/about.htm (last visited July 17, 2017). According to its registration page, EDGE is "a web-based resource for the evaluation of foreign educational credentials." http://edge.aacrao.org/info.php (last visited July 17, 20 17).
The Director
Matter ofM-D-F- Inc. that the Beneficiary obtained his diploma in 1992 based on the educational system of the former Soviet Union prior to the enactment of reforms in 1999 which brought about a new educational system in Armenia. The Petitioner states that the conclusion in EDGE is based on the current educational structure in Armenia and does not apply to diplomas that were issued under the prior system.
After reviewing the evidence submitted on appeal and information regarding the historical educational structure of Armenia at the time the Beneficiary's diploma was issued, we conclude that the Petitioner has established that the Beneficiary possesses a degree that is the foreign equivalent of a U.S. master's degree, and that he therefore meets the educational requirements of the labor certification and for classification as an advanced degree professional position under section 203(b)(2) ofthe Act.
ORDER: The appeal is sustained.
Cite as Matter ofM-D-F- Inc., ID# 389801 (AAO Aug. 2, 2017)