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MotionEB-2 · Motion to reopen

Professional staffing company

Other / unclear · decided 2016-04-01 · NSC · APR012016_01B5203

Official PDF on uscis.gov

Decided under the old NYSDOT test, replaced by Matter of Dhanasar on Dec 27, 2016. Useful for background only.

How each part of the test was decided

Read from the appeals office's own sentences by fixed rules, not from the Director's findings or the petitioner's arguments. Each result shows the sentence it came from. The official PDF controls.

  • Step 0Eligible for EB-2Not decided

    No finding on this in the appeals office's own words.

The decision in brief

Sentences picked out of the text automatically. Read them in context below; the official PDF controls.

Summary sentence

We affirmed the Director's decision on appeal, concluding that the record did not establish the Beneficiary's qualifYing experience for the offered position or the Petitioner's ability to pay the proffered wage. See in text

What the AAO decided

  • ORDER: The motion to reopen is denied See in text
  • FURTHER ORDER: The motion to reconsider is denied. See in text
Read the full decision (2 pages)

Objections found (0)

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No catalog objection was detected in the analysis section.

    Full decision

    OCR text from the official PDF, reformatted for reading. Scan errors carry over; the PDF controls.

    Highlighted: Outcome (2)Matter of X citation
    Decision header
    MATTER OF S-G-S-, INC. · Non-Precedent Decision of the Administrative Appeals Office · DATE: APR. 1, 2016 · MOTION ON ADMINISTRATIVE APPEALS OFFICE DECISION · PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER

    The Petitioner, a professional staffing company, seeks to permanently employ the Beneficiary as a software engineer. It seeks classification of the Beneficiary as a member of the professions holding an advanced degree under the second preference immigrant classification. See Immigration and Nationality Act (the Act) § 203(b)(2)(A), 8 U.S.C. § 1153(b)(2)(A). This classification allows a U.S. employer to sponsor a professional with an advanced degree for lawful permanent resident status.

    The Director, Nebraska Service Center, denied the petition. We affirmed the Director's decision on appeal, concluding that the record did not establish the Beneficiary's qualifYing experience for the offered position or the Petitioner's ability to pay the proffered wage.

    The matter is now before us on the Petitioner's motions to reopen and reconsider. The Petitioner asserts that we erred in our conclusions. We will summarily deny the motions.

    On February 8, 2016, we mailed the Petitioner a notice of intent to deny (NOID) the motions, with a copy to counsel of record. The NOID informed the Petitioner that the record did not establish its ability to pay the proffered wage or the Beneficiary's qualifying experience for the offered position. The NOID also described derogatory information regarding the Beneficiary's qualifying experience on the accompanying labor certification. The NOID allowed the Petitioner 33 days in which to submit a response.

    As of the date of this decision, we have not received a response to the NOID. We may summarily deny a petition where a petitioner does not respond to a notice of intent to deny by a required date. 8 C.P.R. § 103.2(b)(l3)(i); see also 8 C.P.R. § 103.2(b)(14) (requiring a petition's denial where requested evidence that precludes a material line of inquiry is not submitted). Because the Petitioner did not respond to the NOID, we will summarily deny the motions pursuant to 8 C.P.R. § 103 .2(b )(13)(i).

    In visa petition proceedings, a petitiOner bears the burden of establishing eligibility for the immigration benefit sought. INA§ 291, 8 U.S.C. § 1361; Matter ofOtiende, 26 I&N Dec. 127, 128 (BIA 2013). Here, that burden has not been met.

    Matter of S-G-S-, Inc.

    ORDER: The motion to reopen is denied

    FURTHER ORDER: The motion to reconsider is denied.

    Cite as Matter ofS-G-S-, Inc., ID# 10487 (AAO Apr. 1, 2016)