First of all, your help, friends, is much appreciated
And Sorry , the "My 140 was filed under EB2 (at NSC), and it got rejected due to the fact that my 3 ye degree is not equivalent to a US Bachelors" was my lawyer's interpretation of the DENIAL (not a RFE)
Below is the copy paste from the DENIAL notice:
---------------------------------------------------------------
This petition, filed on April 25. 2006, seeks ta classify the beneficiary as an immigrant under Section 203(b)(2) of the Immigration and Narionality Act, as amended. That section provides for dle .11ocation of immigrant visas to
quallnea ImmIgrantS wno are memoers of professions holding advanced degrees or who because of their exceptional ability in the sciences, arts, or business. wjl) substantially benefit prospectively the national economy. cultural or educational interests, or welfare of the United States and whose ~crvlces in the !ciencc!', artS, professions, or business a,.., sOllght by an employer in the United States.
The rocord indicates that the petitioner desires the servic~s ofthe beneficiary a, a Project Manager and seeks approval of the petition on the basis of the beneficiary's exceptional ability m the sciences, arts, or business.
Title 8, Code of Federal Reguilltions, Part 204.5(kX2) defines "cxceptionalability in the sciences, arts, or business" as "8 degree of expertise above that ordinarily encountered in the !lciences, artS. or business,"
Title 8. Code of Federal Regulations, Parts 204.5(k)(3Xii) smtts:
To show that the alien is an alien of exceptional ability in the sciences, I\rts, or business1 the petition must be accompanied by at least three of the following:
(A) An official academic record showing that the alien has a degree, diploma, certificate, or similar award from 8 college, univcrsity, school, or other instit\Jtion of learning relating to the area of exceptional ability;
(8) Evidence in the form of letter(s) nom current or fonner employer(s) showing that the alien has at 1~as1 t.cTt years of full-time experience in the occupation for which he/she is being sought;
(C) A license to practice the: profession or certification for a particular profession or occupation: (D) Evidence that the alien has commanded a salary, Of other remuneration for services. which demon~trates exceptional ability;
(E) Evidence of membership in professional associations; or
(F) Evidence of recognition for achievements and significant contributions to the industry Of field by peers, governmental entities, or professional or business organizations.
Section 203(bX2)(C) of the Act states:
Detennination o(Exception81 Ability.--In determining under subparagraph (A) whether an immigrant has cxceptionBlability, the possession of a degree, djploma~ certificate or similar award &om 8 co))ege, univer$ity. school or other institution of learning or a license to practice or certification for a particular profession or occupation shall not by itself be considered sufficient evidence ohuch exceptional ability.
The: Scrvice notes that the submitted educational documeT1ts And educational evaluation indicates that the beneficiary earned a threey years bachelors degree at ***, and a Master of Computer Applications degree ***.
However, the beneficiary's three year bachelor's degree is not equiva1ent to a four year U.S. equivalent bacM1or's degree. The established requirement in the: United States for entry into a Masters program is a 4 year bachelor's degree. Therefore, the Service has determined that the educational evaluator incorrectly evaluated the beneficiary's total education as equivalent to a Masters Degree in Chemistry from an accredited cotlege Of university in the United States.
The burden of proof in these proceedings rests solety with the petitioner. See Matter of Treasure Craft of California, 14 MeN Dec. 190. In this case the petitioner has not sustained that burden.
In view of the above, me petition IS denied.
RlGHT TO APPEAL: If you wish to appcal ."is decision, you may do so. Your Notice of Appeal to the Administrativo Appeals Office (AAO), Form 1-290B, must be filcd with the Nebraska Service Center. P. O. Box 82521, Lincoln, NE 68501-2521. Your Form T-290B must be filed within 30 days from the date of this notice (33 days jf(his notice was received by mail) and be accompRnied by a fee of $385 and" brief or other written statement in gUPport of your appeal. If no appeal is filed within the time allowed. this decision is final. DO!!Q! send your appeal directly to the: Administrative Appeals Office .
---------------------------------------------------------------------
This is what columns 14 and 15 of the labor application say:
). Col 14 SAYS:
Specific skills or other requirements - If submitting by mail, add attachment if necessary. Skills description must begin in this
space
a) Extended Travel required to unanticipated client locations in the USA. b) Any reasonable combination of education, training
and experience is acceptable for the position offered. c) Employer is willing to accept a foreign education degree equivalent in
on of the listed fields of study including a combination of one or more degree or diplomas. d) Must have some related
experience using the following: WinRunner, LoadRunner, Silk/Rational Suite/ Test Director.
Col 15 says:
Does this application involve a job opportunity that includes a combination of occupations?
No
