In re Sea, Inc.

The petitioner (plaintiff) was a designer, manufacturer, and marketer of marine radio-communications equipment and sought to employ the beneficiary as an electrical-design engineer. The beneficiary was a native and citizen of Denmark. The petitioner requested that the beneficiary be classified as a nonimmigrant of distinguished merit and ability under the Immigration and Nationality Act (INA). The beneficiary had not completed formal, baccalaureate-level education. However, the beneficiary had completed professional training, including an apprenticeship and a course of study at a technical college in Denmark. The technical-college program took three years to complete. According to a foreign-education evaluation service, the technical-college program was equivalent to a two-year associate of arts degree in the United States. At the time the beneficiary received his formal education, Denmark had no baccalaureate-equivalent program in his field. The beneficiary also had 20 years of professional experience in the field and had received professional recognition. The beneficiary had worked with major Danish electronics firms, and his career path showed a progression of positions in which he held increasing amounts of responsibility. The director of the Northern Regional Service Center denied the petitioner. The petitioner appealed.