BALCA on Form 9089: Matter of The Clariden School

BALCA on Form 9089: Matter of The Clariden School

"We have reviewed the Form 9089, and find that it does not have any obvious free form space for clarifying why a person would necessarily have at least a Bachelor’s degree to have obtained an AMI certification.  But more importantly, we have found nothing on the face of the Form 9089 or its associated instructions that would have alerted the Employer that it was required to make such a clarification. ... It may have been predictable that reporting of “Other” on the portion of the Form 9089 as the Alien’s highest educational level was going to be misunderstood and a red flag. Thus, the Employer may have saved itself the trouble of a reconsideration and appeal if it had found a way to clarify on the Form 9089 its position that AMI certification is a higher educational level than a Bachelor’s degree. But that is hindsight. We find that the Employer’s explanation with its motion for reconsideration, supported by documentation from a Montessori school, adequately explained its answer to Section J-11 of the Form 9089, and that the failure to show on the face of the Form 9089 that the Alien had the equivalent of a U.S. Bachelor’s or Master’s degree was not, in itself grounds for denial of certification. ... Based on the foregoing, IT IS ORDERED that the application is REMANDED for the purpose of GRANTING certification." - Matter of The Clariden School, Jan. 30, 2014.