## Facts

- Cleveland Municipal School District (CMSD) filed a Form I-140, Petition for Alien Worker, with the USCIS Nebraska Service Center seeking to permanently employ the beneficiary as a science teacher under INA § 203(b)(3) (skilled worker or professional).
- CMSD submitted a Form ETA 750 that had been certified by the U.S. Department of Labor (DOL).
- The DOL categorized the offered position under the closest occupational classification, “secondary-school teacher.”
- The Nebraska Service Center director reviewed the petition to determine whether CMSD had shown that the beneficiary met the minimum educational requirement stated on the certified ETA 750 (a bachelor’s degree or a foreign equivalent).
- The beneficiary attended Ethiraj College in Chennai, India, from June 1982 to September 1985, studied botany, and received a bachelor’s degree in science.
- The beneficiary attended the University of Madras in Chennai, India, from January 1992 to November 1992 and received a bachelor’s degree in education.
- The beneficiary completed additional education coursework in the field of education at the University of Madras from January 1996 to November 1996.
- The Nebraska Service Center director denied the I-140 petition after concluding that CMSD had not established that the beneficiary possessed a bachelor’s degree or a foreign equivalent meeting the ETA 750 requirement.
- CMSD appealed the denial to the Administrative Appeals Office (AAO).

## Issues

1. Whether CMSD established that the beneficiary possessed the bachelor’s degree (or foreign equivalent) required by the DOL-certified ETA 750 for EB-3 classification under INA § 203(b)(3) as a professional or skilled worker.

## Decision

- The AAO dismissed the appeal.
- The AAO agreed with the director that CMSD did not carry its burden to prove that the beneficiary’s foreign education satisfied the ETA 750’s minimum “bachelor’s degree or foreign equivalent” requirement.
- The denial of the I-140 petition therefore remained in place.

## Legal Principles

- Under INA § 203(b)(3), an EB-3 petition must show the beneficiary qualifies for the offered position based on the minimum education, training, and experience stated in the DOL-certified labor certification.
- USCIS evaluates eligibility against the labor certification’s requirements; the petitioner may not satisfy the petition by showing different or lesser qualifications than those certified by DOL.
- For EB-3 “professional” classification, the beneficiary must hold at least a U.S. baccalaureate degree or a foreign degree shown to be equivalent to a U.S. baccalaureate degree, consistent with applicable USCIS regulations.
- The petitioner bears the burden of proof to establish eligibility by a preponderance of the evidence, including the claimed equivalency of foreign educational credentials.
- USCIS and the AAO may consider credential evaluations and academic records, but the petitioner must provide reliable evidence demonstrating that the foreign credential(s) meet the specific degree standard required by the labor certification.

## Conclusion

In re Cleveland Municipal School District involved CMSD’s EB-3 I-140 petition to employ a beneficiary as a science teacher based on a DOL-certified ETA 750 requiring a bachelor’s degree or foreign equivalent. After the Nebraska Service Center denied the petition for failure to prove the beneficiary met that minimum educational requirement based on her Indian academic credentials, the AAO dismissed CMSD’s appeal and left the denial in effect.


In re Cleveland Municipal School District, 2008 Immig. Rptr. LEXIS 12123 (2008)