BALCA Decision

Indian EE Wins Bid
For Master’s Degree

Emerson Radio Corporation, 97-INA-315 (BALCA, December 21, 1999)

Employer offered the position of Engineer to evaluate prototype and production samples of electronic equipment. A Master of Science Degree in EE was required, as well as one year experience in the job offered. The Certifying Officer (CO) found the MS degree restrictive, and argued that the job was barely above the level of a technician.


On rebuttal, Employer documented, through the alien’s employment, work history, and a detailed letter written by the vice president, that knowledge and theory obtainable only at the Master’s level was required for the job. Employer asserted that courses such as Digital Signal Processing, Introduction to VLSI design, and others were necessary to perform the job duties, and that said courses were not available at the Baccalaureate level.


On review, the Board found that the greater weight of evidence supported the conclusion that the job duties and requirements were normal in the U.S. (Labor Certification Granted, Region II).