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Relying on EDGE, AAO concluded the beneficiary's three-year MCA from DOEACC is comparable to a U.S. master's degree, satisfying the advanced degree requirement.
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Relying on EDGE, AAO concluded the beneficiary's three-year MCA from DOEACC is comparable to a U.S. master's degree, satisfying the advanced degree requirement.
Exact record locator: findings_long.parquet filename_stem=2011-09-12_03_B5203; source_row=13146 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Published materialNot establishedAutomated extraction · broader context
Case facts
Biomedical / Life Sciences
Issue evaluated
EB-1A · Published material
published material about the alien
Why AAO was not persuaded
The AAO found that articles citing the petitioner's work are primarily about the authors' own work or recent developments in the field and are not 'about the alien' as required by the regulation. Even the review articles only briefly reference the petitioner's work alongside numerous other researchers, and the regulation requires the material be about the alien relating to her work, not merely about her work.
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The AAO found that articles citing the petitioner's work are primarily about the authors' own work or recent developments in the field and are not 'about the alien' as required by the regulation. Even the review articles only briefly reference the petitioner's work alongside numerous other researchers, and the regulation requires the material be about the alien relating to her work, not merely about her work.
Exact record locator: findings_long.parquet filename_stem=2011-09-12_02_B2203; source_row=13142 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The AAO found that the petitioner documented authorship of nine scholarly articles and a conference presentation and thus submitted qualifying evidence under criterion vi.
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The AAO found that the petitioner documented authorship of nine scholarly articles and a conference presentation and thus submitted qualifying evidence under criterion vi.
Exact record locator: findings_long.parquet filename_stem=2011-09-12_02_B2203; source_row=13144 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Job offer requires a professional holding an advanced degree
Why AAO was not persuaded
AAO applied the plain-language rule for labor certifications and found that USCIS cannot look beyond the stated terms of the ETA Form 9089. Because the addendum allowed one year of experience per missing year of college, the minimum requirements did not require a bachelor's or master's degree, so the petition cannot establish the job requires an advanced-degree professional.
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AAO applied the plain-language rule for labor certifications and found that USCIS cannot look beyond the stated terms of the ETA Form 9089. Because the addendum allowed one year of experience per missing year of college, the minimum requirements did not require a bachelor's or master's degree, so the petition cannot establish the job requires an advanced-degree professional.
Exact record locator: findings_long.parquet filename_stem=2011-09-09_01_B5203; source_row=13141 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Possession of advanced degree or foreign equivalent
Why AAO was not persuaded
A three-year foreign bachelor's degree is not the foreign equivalent of a U.S. baccalaureate degree under Matter of Shah and the governing regulations. The experience-for-education equivalency relied upon by the evaluator applies only to H-1B nonimmigrant petitions and cannot be used to satisfy the bachelor's degree floor required for EB-2 immigrant classification.…
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A three-year foreign bachelor's degree is not the foreign equivalent of a U.S. baccalaureate degree under Matter of Shah and the governing regulations. The experience-for-education equivalency relied upon by the evaluator applies only to H-1B nonimmigrant petitions and cannot be used to satisfy the bachelor's degree floor required for EB-2 immigrant classification. EDGE confirms the degree represents only two to three years of U.S. university-level study.
Exact record locator: findings_long.parquet filename_stem=2011-09-08_03_B5203; source_row=13138 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
advanced degree or foreign equivalent (or bachelor's plus 5 years progressive experience)
Why AAO was not persuaded
AAO agreed the credentials do not equal a U.S. advanced degree, additionally noting the MCA was only 1.5 years (not the standard 3-year MCA in EDGE), and that the petitioner failed to document five years of qualifying post-baccalaureate experience by the priority date.
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AAO agreed the credentials do not equal a U.S. advanced degree, additionally noting the MCA was only 1.5 years (not the standard 3-year MCA in EDGE), and that the petitioner failed to document five years of qualifying post-baccalaureate experience by the priority date.
Exact record locator: findings_long.parquet filename_stem=2011-09-08_01_B5203; source_row=13136 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
single foreign equivalent degree to U.S. baccalaureate
Why AAO was not persuaded
AAO held that a three-year Indian B.Com. is not a foreign equivalent of a U.S. four-year baccalaureate, and ICAI membership cannot supply that degree because ICAI is not a college or university.…
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AAO held that a three-year Indian B.Com. is not a foreign equivalent of a U.S. four-year baccalaureate, and ICAI membership cannot supply that degree because ICAI is not a college or university. The first evaluator improperly applied the H-1B three-for-one experience-substitution rule, and the second evaluator's reliance on ICAI as a degree-granting institution was inconsistent with the record showing the Punjab University coursework.
Exact record locator: findings_long.parquet filename_stem=2011-09-08_04_B5203; source_row=13140 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The labor certification requires at minimum a bachelor's degree in computer science or IT. Because the beneficiary's three-year Indian B.S. degree does not constitute a foreign equivalent of a U.S. baccalaureate, he fails to meet even the alternative minimum educational requirement on the certified job offer.
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The labor certification requires at minimum a bachelor's degree in computer science or IT. Because the beneficiary's three-year Indian B.S. degree does not constitute a foreign equivalent of a U.S. baccalaureate, he fails to meet even the alternative minimum educational requirement on the certified job offer.
Exact record locator: findings_long.parquet filename_stem=2011-09-08_03_B5203; source_row=13139 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
beneficiary meets ETA Form 9089 minimum job requirements
Why AAO was not persuaded
AAO read the ETA Form 9089 by its plain language and concluded the beneficiary lacks the required master's degree or foreign equivalent and that no combination of education and experience was authorized as an alternative.
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AAO read the ETA Form 9089 by its plain language and concluded the beneficiary lacks the required master's degree or foreign equivalent and that no combination of education and experience was authorized as an alternative.
Exact record locator: findings_long.parquet filename_stem=2011-09-08_01_B5203; source_row=13137 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c