EB3 Denial with AMIETE

apx762

New Member
I completed my education from AMIETE in 2000. Since then I'm working with different IT companies, and currently in USA on H1B. My company initiated Green card in 'EB3 Skilled worker' category last year; (it shoud be noted that advertisement was published with bachelor as requirement as well) labor was approved within 6 months, and then I filed I-140 in premium processing. Received RFE to submit evidence for education, later my attorney submitted AACRAO evaluation, received an 'Intent to Deny' notice from USCIS, because they believe IETE is not an institution that awards degree. My attorney tried to justify that my case was filed under skilled worker category, and even though USCIS doesn't treat IETE as equivalent to 'Bachellor', still my petition should be approved because of 'skilled worker' clause.

However USCIS denied the petition for I-140 with below comments:

“While the IETE may offer courses and examinations, there is no evidence that the IEI is a college or university or that an associate membership, which is based on a combination of practical experience and examinations, is a “Degree.” The record indicates that the beneficiary has not received a baccalaureate degree from any college or university, therefore the beneficiary does not meet the minimum requirements as established on the ETA.”

I saw some discussion threads on different forums that indicates I-140 is getting approved under EB3 category for IETE graduates.

My question is.. do you know any IETE grads whose I140 is approved under EB3 category? Or if you've any suggestion on how shall I proceed with this denial?
 
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