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By: Beth Robertie, Associate Recently, the United States District Court for the District of Oregon issued an unpublished opinion clarifying a disputed issue in an EB3 combination degree case.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 Because this case is unpublished, the holding of the case is not binding on any other court or any other case.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. ______________________________________________________________________________ 本文由范毅禹律师事务所提供 本律师事务所精办各类劳工应聘及专业移民申请 (包括H-1，L-1，EB-1，EB-2，NIW，劳工卡，绿卡等申请)。所有申请由多位美籍律师及拥有15年经验的范毅禹律师亲自处理，我所并特设中英移民网站。内有最新移民新闻资讯及由律师主持的移民问答集，欢迎读者流览查询。 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]