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SustainedEB-2 · Appeal

Senior seismic imager

Other / unclear · decided 2019-12-04 · TSC · DEC042019_02B5203

Official PDF on uscis.gov

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.

  • Prong 1Merit and national importanceNot decided

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

  • Prong 2Well positioned to advance itNot decided

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

  • Prong 3Worth waiving the job offerNot 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

  • Upon de nova review, we will sustain the appeal. See in text
  • ORDER: The appeal is sustained. which in this case is August 9, 2017. See in text
Read the full decision (1 page)

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
    U.S. Citizenship and Immigration Services · In Re: 6080535 · Appeal of Texas Service Center Decision · Non-Precedent Decision of the Administrative Appeals Office · Date: DEC. 4, 2019 · Form I-140, Immigrant Petition for Advanced Degree Professional

    The Petitioner seeks to employ the Beneficiary as a senior seismic imager. It requests classification of the Beneficiary as a member of the professions holding an advanced degree under the second preference immigrant classification. Immigration and Nationality 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 of the Texas Service Center denied the petition, concluding that the Petitioner did not establish that the Beneficiary possessed the experience required by the labor certification as of the On appeal, the Petitioner asserts that it submitted sufficient evidence of the priority date.

    Beneficiary's qualifying experience. We agree.

    A beneficiary must meet all of the requirements of the offered position set forth on the labor certification by the priority date of the petition. 8 C.F.R. § 103.2(b)(l), (12); Matter of Wing's Tea House, 16 I&N Dec. 158, 159 (Acting Reg'l Comm'r 1977). The labor certification requires a U.S. master's degree or foreign equivalent in geophysics, physics, mathematics, electrical or mechanical engineering, or other related engineering discipline, one year of related experience in seismic imaging, utilizing mathematical or simulation models, and familiarity with UNIX platform. The experience letters submitted to the record establish the Beneficiary's over one year of qualifying experience. See 8 C.F.R. § 204.5(g)(l ). Thus, the Petitioner has established that the Beneficiary possessed the experience required by the labor certification as of the priority date.

    In these proceedings, it is the Petitioner's burden to establish eligibility for the requested benefit. Section 291 of the Act, 8 U.S.C. § 1361. Upon de nova review, we will sustain the appeal.

    ORDER: The appeal is sustained. which in this case is August 9, 2017. See 8 C.F.R. § 204.5(d).

    The priority date of a petition is the date the U.S. Department of Labor accepted the labor certification for processing, The Beneficiary has the required education for the offered job. and one year of experience in the job offered or