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SustainedEB-2 · Appeal

Quantitative tools design firm

Other / unclear · decided 2016-08-18 · TSC · AUG182016_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

Upon review of the entire record, including evidence submitted on appeal, we conclude that the Petitioner has established that it had the continuing ability to pay the proffered 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) of the Act. See in text
  • ORDER: The appeal is sustained. 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)Matter of X citation
    Decision header
    U.S. Citizenship and Immigration Services · MATTER OF S-T- LLC · APPEAL OF TEXAS SERVICE CENTER DECISION · Non-Precedent Decision of the Administrative Appeals Office · DATE: AUG. 18, 2016 · PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER

    The Petitioner, a quantitative tools design firm, seeks to employ the Beneficiary as a computer and information research scientist. It requests 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) 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, denied the petition. The Director found that the Petitioner did not submit primary evidence to establish its continuing ability to pay the Beneficiary's proffered wage of $71,323 and denied the petition. On appeal, the Petitioner contends that it paid the Beneficiary more than the proffered wage and has, therefore, established its ability to pay the proffered wage from the priority date onwards. 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 Form 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 April 22, 2014. See 8 C.F.R. § 204.5(d). Pursuant to 8 C.F.R. § 204.5(g)(2) the petitioner must demonstrate its ability to pay the proffered wage 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, we conclude that the Petitioner has established that it had the continuing ability to pay the proffered wage. Accordingly, the petition is approved under section 203(b )(2) of the 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 of Brantigan, 11 I&N Dec. 493 (BIA 1966); Matter of Otiende, 26 I&N Dec. 127, 128 (BIA 2013). The petitioner has met that burden.

    Matter of S-T- LLC

    ORDER: The appeal is sustained.

    Cite as Matter ofS-T- LLC, ID# 16585 (AAO Aug. 18, 2016)