In an unprecedented decision, AAO holds that a five-year M.B.B.S. degree from India is equivalent of a U.S. M.D. degree.
The sole issue in this case was whether the petitioner has demonstrated that the beneficiary qualifies for immigrant classification as an advanced degree professional pursuant to section 203(b)(2) of the Act, and the implementing U.S. Citizenship and Immigration Services (USCIS) regulation at 8 C.F.R.§ 204.5(k)(2).
In pertinent part, section 203(b)(2) of the Act provides immigrant classification to members of the professions holding advanced degrees or their equivalent and whose services are sought by an employer in the United States. An advanced degree is defined in the pertinent regulation as "any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate." 8 C.F.R. § 204.5(k)(2).
“Given the language of the Act, the totality of the legislative history, and the agencies' own interpretations of their duties under the Act, we must conclude that Congress did not intend DOL to have primary authority to make any determinations other than the two stated in section 212(a)[(5)]. If DOL is to analyze alien qualifications, it is for the purpose of "matching" them with those of corresponding United States workers so that it will then be "in a position to meet the requirement of the law," namely the section 212(a)[5] determinations.”
*****Madany v. Smith, 696 F.2d 1008, 1012-1013 (D.C. Cir. 1983). See also Tongatapu WoodcraftHawaii, Ltd. v. Feldman, 736 F. 2d 1305, 1309 (9th Cir. 1984).
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