PetitionLens
All decisions
SustainedEB-2 · Appeal

Vehicle manufacturer

Engineering · decided 2017-07-26 · NSC · JUL262017_03B5203

Official PDF on uscis.gov

How each part of the test was decided

Read from the appeals office's own sentences by fixed rules, not from the Director's findings or the petitioner's arguments. Each result shows the sentence it came from. The official PDF controls.

  • Step 0Eligible for EB-2Not decided
    The Director's denial rested on this
    The Director of the Nebraska Service Center denied the petition after determining that the job offer allows·candidates to qualify for the position with less than an advanced degree and, therefore, the job offer did not qualify to classify a beneficiary as a professional holding an advanced degree. p. 1
  • Prong 1Merit and national importanceNot decided

    No finding on this in the appeals office's own words.

  • Prong 2Well positioned to advance itNot decided

    No finding on this in the appeals office's own words.

  • Prong 3Worth waiving the job offerNot decided

    No finding on this in the appeals office's own words.

The decision in brief

Sentences picked out of the text automatically. Read them in context below; the official PDF controls.

Summary sentence

Accordingly, the Petitioner has established eligibility for the benefit sought. See in text

What the AAO decided

Read the full decision (2 pages)

Objections found (0)

Automated tags. Each shows the sentence that triggered it.

No catalog objection was detected in the analysis section.

    Full decision

    OCR text from the official PDF, reformatted for reading. Scan errors carry over; the PDF controls.

    Highlighted: Outcome (2)Matter of X citation
    Decision header
    U.S. Citizenship and Immigration Services · MATTER OF G- CO.

    Non-Precedent Decision of the Administrative Appeals Office DATE: JULY 26,2017

    APPEAL OF NEBRASKA SERVICE CENTER DECISION PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER The Petitioner, a vehicle manufacturer, seeks to permanently employ the Beneficiary in the United States as an over-the-air reflash validation 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 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 after determining that the job offer allows·candidates to qualify for the position with less than an advanced degree and, therefore, the job offer did not qualify to classify a beneficiary as a professional holding an advanced degree.

    On appeal, the Petitioner asserts that the Director misinterpreted the requirements of the job offer and clarifies that the minimum requirements of the offered job are "a master's degree and 36 months of experience or, alternatively, a bachelor's degree and 60 months of experience."

    Upon de novo review, we will sustain the appeal.

    A petition for classification as an advanced degree professional must be supported by a labor certification demonstrating that the job requires a professional holding an advanced degree or the equivalent. 8C.F.R.§204.5(k)(4)(i).

    The labor certification states that the position requires a master's degree in electronics engineering or in electronics and communication engineering and 36 months of experience in the offered job or as an engineer or "test or project lead engineer." The Petitioner indicated that a candidate could alternatively qualify for the offered position with a bachelor's degree and five years of experience. The Petitioner stated on the labor certification that it would "also accept any equally suitable combination of education, training, and/or experience which would qualify an applicant to perform the job offered."

    The Director concluded that the Petitioner's language allowing "any equally suitable combination of education, training, and/or experience which would qualify an applicant to perform the job offered," allowed candidates who did not possess an advanced degree to qualify for the offered job. As such, p. 2 Matter ofG- Co. the Director found that the offered job did not support a petition for classification as a professional holding an advanced degree. On appeal, the ·Petitioner asserts that its inclusion of this language on the labor certification does not change the minimum requirements to qualify for the position.

    The language stating that the Petitioner would accept "any suitable combination of education, training, or experience" is referred to as "Kellogg language," based on the Board. of Alien Labor Certification Appeals ruling in Francis Kellogg, 1994-INA-465 and 544, 1995-INA 68 (Feb. 2, 1998) (en bane). The Petitioner asserts that its inclusion of "Kellogg language" on the labor certification does not change the minimum requirements to qualify for the position. We agree; we do not consider the presence of "Kellogg language" on the labor certification to have any material effect on the interpretation of the stated minimum requirements of the job offer. As detailed above, the labor certification specifies that the offered position requires a master's degree and 36 months of experience or a bachelor's degree and five years of experience. Therefore, the job offer requires candidates to possess at least an advanced degree, as is required for classification of a beneficiary as a professional holding an advanced degree. Accordingly, the Petitioner has established eligibility for the benefit sought.

    ORDER: The appeal is sustained.

    Cite as Matter ofG- Co., ID# 606961 (AAO July 26, 2017)