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SustainedEB-2 · Appeal

Occupation not stated

Other / unclear · decided 2015-04-28 · TSC · APR282015_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.

What the AAO decided

Main reasons given

  • On appeal and upon review of the record, we find that the beneficiary has earned an advanced degree and meets the terms of the certified labor certification. See in text
Read the full decision (2 pages)

Objections found (2)

Automated tags. Each shows the sentence that triggered it.

  • Step 0Degree not shown to be a U.S. advanced degree equivalent
    The director determined that the petitioner had not established that the beneficiary possessed an advanced degree as required in 8 U.S.C. § 1153(b)(2) and by the approved labor certification.1 Specifically, the director concluded that the petitioner did not establish that the beneficiary possessed at least five years of progressive experience in the specialty from the date that the beneficiary's foreign equivalent baccalaureate degree was conferred. See in text (p. 2)
  • Step 0Five years of progressive experience not documented
    The director determined that the petitioner had not established that the beneficiary possessed an advanced degree as required in 8 U.S.C. § 1153(b)(2) and by the approved labor certification.1 Specifically, the director concluded that the petitioner did not establish that the beneficiary possessed at least five years of progressive experience in the specialty from the date that the beneficiary's foreign equivalent baccalaureate degree was conferred. p. 2

Full decision

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

Highlighted: Outcome (3) AAO finding (1) Tagged objection (1)Matter of X citation
Decision header
DATE: APR 2 8 2015 · IN RE: Petitioner: · Beneficiary: · OFFICE: TEXAS SERVICE CENTER U.S. Department of Homeland Security U.S. Citizenship and Immigration Services Administrative Appeals Office (AAO) 20 Massachusetts Ave., N.W., MS 2090 Washington, DC 20529-2090 U.S. Citizenship and Immigration Services FILE: · PETITION: Immigrant Petition for Alien Worker as a Member of the Professions Holding an Advanced

Degree or an Alien of Exceptional Ability Pursuant to Section 203(b)(2) of the Immigration and Nationality Act, 8 U.S. C. § 1153(b )(2)

ON BEHALF OF PETITIONER:

INSTRUCTIONS:

Enclosed please find the decision of the Administrative Appeals Office (AAO) in your case. This is a non­ precedent decision. The AAO does not announce new constructions of law nor establish agency policy through non-precedent decisions.

Thank you,

,Avt' hr

Ron Rosenberg

Chief, Administrative Appeals Office www.uscis.gov

NON-PRECEDENT DECISION

DISCUSSION: The preference visa petition was denied by the Director, Texas Service Center. The matter is now before the Administrative Appeals Office (AAO) on appeal. The director's decision will be withdrawn. We will sustain the appeal and approve the petition.

The petitioner seeks to classify the beneficiary as a Member of the Professions Holding an Advanced Degree or an Alien of Exceptional Ability Pursuant to Section 203(b )(2) of the Immigration and Nationality Act, 8 U.S.C. § 1153(b )(2). The director determined that the petitioner had not established that the beneficiary possessed an advanced degree as required in 8 U.S.C. § 1153(b)(2) and by the approved labor certification.1 Specifically, the director concluded that the petitioner did not establish that the beneficiary possessed at least five years of progressive experience in the specialty from the date that the beneficiary's foreign equivalent baccalaureate degree was conferred.Degree not shown to be a U.S. advanced degree equivalent To be eligible for approval, a beneficiary must have all the education, training, and experience specified on the labor certification as of the petition's priority date. See Matter of Wing's Tea House, 16 I&N 158 (Act. Reg. Comm. 1977). The priority date of the petition is March 26, 2013, which is the date the labor certification was accepted for processing by the DOL. See 8 C.F.R. § 204.5( d). The Immigrant Petition for Alien Worker (Form I-140) was filed on August 14, 2007.

On appeal and upon review of the record, we find that the beneficiary has earned an advanced degree and meets the terms of the certified labor certification. Specifically, the beneficiary possesses the foreign equivalent of a U.S. bachelor's degree and has the required five years of post-baccalaureate progressive work experience in the position specified prior to the February 26, 2013 priority date. The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. § 1361. The petitioner has met that burden.

ORDER: The appeal is sustained. The petition is approved.