Hi everyone,

I am an IT developer from Asia that was given a job offer from a company in Stuttgart. I had my degree assessment from ZAB and they say that my degree is not recognized. Hence, I dont qualify for a blue card even though my profession and salary offer fits the requirements.

Now I am aiming for a regular work permit.

My employer sent me a pre-approval document from the Federal Employment Agency in Stuttgart and it contains the following clause:

Bemerkung:
Diese Vorabzustimmung wird unter der bedingung erteilt, dass die Auslandsvertretung die Vergleichbarkeit des nachgewiesenen auslandischen Hochschulabschulesses mit einem inlandischen Hochschulavschluss im visum-verfahren feststellen wird.

This roughly translates that approval/consent is given as long as my degree is recognised. I have talked with other visa applicants in my country that has non-recognized degree, that they were denied on the visa via the embassy because of this paragraph on the preapproval document. This is stated on their rejection letter.

On the other hand, I have talked with another visa applicant here and he said that his degree is NOT recognised too (same result as mine from ZA but he was approved on the visa application. His pre-approval document does NOT contain the "recognised degree" clause and got his visa stamped within 2 days.

I raised this at my employer and they called the local federal employment agency. The agency replied that this clause is based on "paragraphs 2 and 3 for qualified professionals with corresponding degree" and it applies for both blue card and regular work permit, and it is up for the local embassy to decide. However, due to interviewing various applicants, the embassy strictly base their decision on this clause/requirement.

My questions are: 
1. How is it possible that the other applicant doesnt have this clause on his preapproval document even though:

a. we belong on the same profession group (MINT)
b. we have a non-comparable degree
c. our salaries both meet minimum requirements for blue card (I stated blue card for comparison only. I only qualify for regular work permit)

2. Is there any way I can appeal to the preapproval document issued and request for a new one WITHOUT this clause for the same job?

3. Any other way that can "overpower" this clause on the preapproval document?

Thanks!