EB3 Skilled Worker Visas and t

By: Beth Robertie, Associate Recently, the United States District Court for the District of Oregon issued an unpublished opinion clarifying a disputed issue in an EB3 combination degree case. In this case, an I-140 EB3 petition was denied by the Nebraska Service Center based on the lack of a degree that met the requirements for the position offered in the labor certification. The labor certification contained the educational requirement “B.A. or equivalent.” After exhausting all administrative appeals, the petitioner sought relief in the federal courts. The Court’s Decision Ultimately, the court determined that, in the EB3 skilled worker category, the term “B.A. or equivalent” in the labor certification refers to a Bachelor of Arts (B.A.) degree or the equivalent of a B.A., which can be achieved through a combination of education and experience. In so finding, the court rejected the USCIS’s argument that the language in question meant “B.A. or equivalent foreign degree,” holding that such an interpretation was arbitrary and an abuse of discretion. The court reasoned that the “B.A. or equivalent” was the petitioner’s own language. As such, if there is an issue with the language, it is the job of the Department of Labor, and not the USCIS, to dispute the meaning. What does this mean? Because this case is unpublished, the holding of the case is not binding on any other court or any other case. That means that another case with identical facts could be decided differently tomorrow. Also, it is important to remember that pursuing a case through administrative appeals and then into federal court is a very long and expensive process. However, it is a good sign that some courts are willing to interpret the “B.A. or equivalent” language in the way that it was intended, which allows for a combination of education and experience. ______________________________________________________________________________ 本文由範毅禹律師事務所提供 本律師事務所精辦各類勞工應聘及專業移民申請 (包括H-1，L-1，EB-1，EB-2，NIW，勞工卡，綠卡等申請)。所有申請由多位美籍律師及擁有15年經驗的範毅禹律師親自處理，我所並特設中英移民網站。內有最新移民新聞資訊及由律師主持的移民問答集，歡迎讀者流覽查詢。 www.Fan-Law.com CALIFORNIA : Fan, Fitzpatrick & Thompson, LLP. 370 E. Glenarm St., Pasadena , CA 91106 Tel: [phone] Fax: [phone] MARYLAND : Fan, Fitzpatrick & Thompson, LLP. 230 North Washington Street, Suite 400 , Rockville , MD 20850 Tel: [phone] Fax: [phone]