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SustainedEB-2 · Motion to reopen & reconsider

Occupation not stated

Other / unclear · decided 2013-08-13 · NSC · AUG132013_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

  • The appeal will be sustained. See in text
  • The decision of the AAO dated January 14, 2013 rejecting the petitioner's appeal is withdrawn. See in text
  • ORDER: The appeal is sustained, and the petition is approved. See in text

Main reasons given

  • Based on the foregoing, the petitioner has established that the beneficiary meets the educational and specific skill requirements of the labor certification. 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 (3) AAO finding (1)Matter of X citation
    Decision header
    DATE:AUG 1 3 2013 OFFICE: NEBRASKA SERVICE CENTER fNRE: Petitioner: · Beneficiary: 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. n Rosenberg

    Acting Chief, Administrative Appeals Office www.uscis.gov

    NON-PRECEDENT DECISION

    DISCUSSION: The Director, Nebraska Service Center, denied the immigrant visa petition and the matter was appealed to the AAO. By decision dated January 14, 2013, the AAO rejected the petitioner's appeal as untimely. The matter is again before the AAO on the petitioner's motion to reopen and motion to reconsider. The AAO's decision dated January 14, 2013 rejecting the petitioner's appeal as untimely shall be withdrawn and a new decision entered addressing the merits of the petitioner's appeal. The appeal will be sustained. The petition shall be approved. The petitioner describes itself as a semiconductor manufacturer. It seeks to permanently employ the beneficiary in the United States as a software engineer. The petitioner requests classification of the beneficiary as an advanced degree professional pursuant to section 203(b )(2) of the Immigration and Nationality Act (the Act), 8 U.S.C. § 1153(b)(2).

    On January 14, 2013 the AAO issued a decision rejecting the petitioner's appeal as having been untimely filed. The petitioner has presented, on appeal, tracking documentation from Federal Express which shows that the appeal was received by United States Citizenship and Immigration Services (USCIS) on April 9, 2012. The appeal was, therefore, timely filed. The decision of the AAO dated January 14, 2013 rejecting the petitioner's appeal is withdrawn. The merits of the petitioner's appeal shall considered as hereinafter discussed.

    At issue in this case is whether the beneficiary possesses an advanced degree as required by the terms of the labor certification and the requested preference classification.

    The record establishes that the beneficiary's foreign education completed in 2007, is equivalent to a master ' s degree in the United States as required by the terms of the labor certification. The record further establishes that the beneficiary has the specific skills required by the labor certification for the position.

    Based on the foregoing, the petitioner has established that the beneficiary meets the educational and specific skill requirements of the labor certification.

    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, and the petition is approved.