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In re Cleveland Municipal School District

2008 Immig. Rptr. LEXIS 12123 (2008)

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In re Cleveland Municipal School District

Administrative Appeals Office
2008 Immig. Rptr. LEXIS 12123 (2008)

Facts

Cleveland Municipal School District (plaintiff) (CMSD) filed a Petition for Alien Worker as Skilled Worker or Professional pursuant to § 203(b)(3) of the Immigration and Nationality Act (INA) with the Nebraska Service Center. CMSD requested permission to permanently employ the beneficiary as a science teacher. The petition included a Form ETA 750 approved by the Department of Labor (DOL). The DOL categorized the position to be filled by the beneficiary as secondary-school teacher, the closest type of occupation to the proffered position. The beneficiary attended Ethiraj College in Chennai, India, from June 1982 to September 1985. While attending Ethiraj College, the beneficiary studied botany and received a bachelor’s degree in science. The beneficiary also attended the University of Madras in Chennai, India, from January 1992 to November 1992, where she received a bachelor’s degree in education. The beneficiary also received additional education in the field of education from the University of Madras from January 1996 to November 1996. The director of the Nebraska Service Center determined that CMSD failed to establish that the beneficiary had a bachelor’s degree or a foreign equivalent. Accordingly, the director denied the petition. CMSD appealed the director’s decision.

Rule of Law

Issue

Holding and Reasoning ()

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