PetitionLens
Log inGet started
All decisions
SustainedEB-2 · Appeal

Technology staffing and consulting business

Business & finance · decided 2016-04-25 · TSC · APR252016_03B5203

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 conclude that the Petitioner has established that it had the continuing ability to pay the protlered wage. See in text

What the AAO decided

  • Upon de novo review. we will sustain the appeal and approve the petition. See in text
  • Accordingly. the petition is approved under section 203(b)(2) ofthe Act. See in text
  • ORDER: The appeal is sustained. See in text
Read the full decision (2 pages)

Objections found (0)

Automated tags. Each shows the sentence that triggered it.

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 (3)Matter of X citation
    Decision header
    MATTER OF N-T-, INC. · APPEAL OF TEXAS SERVICE CENTER DECISION · Non-Precedent Decision of the Administrative Appeals Office · DATE: APR. 25,2016 · PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER

    The Petitioner, a technology staffing and consulting business, seeks to employ the Beneficiary in the as a Java developer. It requests classification of the Beneficiary as a member of the professions holding an advanced degree under the second preference immigrant classification. S'ee Immigration and Nationality Act (the Act) section 203(b)(2), 8 U.S.C. § 1153(b)(2). This employment-based immigrant classification allows a U.S. employer to sponsor a professional with an advanced degree for lawful permanent resident status.

    The Director, Texas Service Center, found that the Petitioner did not establish that it has the continuing ability to pay the proffered wage to its multiple beneficiaries.

    The matter is now before us on appeal. On appeal, the Petitioner contends that it has established its continuing ability to pay the proffered wage to the Beneficiary. Upon de novo review. we will sustain the appeal and approve the petition.

    As required by statute, the petition is accompanied by an approved ETA Fom1 9089. Application for Permanent Employment Certification (labor certification), certified by the U.S. Department of Labor (DOL). The priority date of the labor certification is September 30, 2013. See 8 C.F.R. § 204.5(d). The Director found that the Petitioner did not establish that it has the continuing ability to pay the proffered wage to all of its beneficiaries. Pursuant to 8 C.F.R. § 204.5(g)(2) the petitioner must demonstrate this ability at the time the priority date is established and continuing until the beneficiary obtains lawful permanent residence.

    Upon review of the entire record, including evidence submitted on appeal and in response to our January 27. 2015 notice of intent to dismiss and July 9, 2015, request for evidence. we conclude that the Petitioner has established that it had the continuing ability to pay the protlered wage. Accordingly. the petition is approved under section 203(b)(2) ofthe Act.

    In visa petition proceedings, it is the petitioner's burden to establish eligibility for the immigration benefit sought. Section 291 of the Act. 8 U.S.C. § 1361: Matter (?f Brantigan, II I&N Dec. 493 (BIA 1966); Malter ofOtiende, 26 I&N Dec. 127, 128 (BIA 2013).

    Matter of N-T-, Inc.

    ORDER: The appeal is sustained.

    Cite as Matter ofN-T-, Inc., ID# 12410 (AAO Apr. 25, 2016)