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SustainedEB-2 · Appeal

Provider of consulting and staffing services

Other / unclear · decided 2017-02-09 · NSC · FEB092017_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

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What the AAO decided

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

    Non-Precedent Decision of the Administrative Appeals Office MATTER OF I-V-C-, INC. DATE: FEB. 9, 2017 APPEAL OF NEBRASKA SERVICE CENTER DECISION PETITION: FORM l-140, IMMIGRANT PETITION FOR ALIEN WORKER The Petitioner, a provider of consulting and staffing services, seeks to permanently employ the Beneficiary as a senior software engineer. It requests classification of the Beneficiary as a member ofthe professions holding an advanced degree under the second preference immigrant classification. See Immigration and Nationality Act (the Act) section 203(b)(2)(A), 8 U.S.C. § 1153(b)(2)(A). This category allows a U.S. employer to sponsor a professional with an advanced degree or its equitalent for lawful permanent resident status.

    The Director, Nebraska Service Center, initially approved the petition, but later revoked its approval. The Direct9r concluded that the record at the time of the petition's approval did not establish the Beneficiary's possession of the required experience for the offered position or the Petitioner's intention to employ the Beneficiary. See section 205 of the Act, 8 U.S.C. § 1155 (authorizing U.S. Citizenship and Immigration Services to revoke a petition's approval "at any time" for "good and sufficient cause").

    The matter is now before us on appeal. We sent a notice of intent to dismiss and request for evidence (NOID/RFE) to the Petitioner. The NOID/RFE informed the Petitioner'that the record at the time of the petition's approval did not establish the validity of its federal employer identification number (FEIN) or its ability to pay the proffered wage. Upon de novo review, we will sustain the appeal.

    Based on all the evidence submitted, the record establishes the Beneficiary's possession of the required experience for the offered position and the Petitioner's intention to employ the Beneficiary. Also, by a preponderance of the evidence, the Petitioner's response to our NOID/RFE demonstrates the validity of the Petitioner's FEIN and its ability to pay the proffered wage. We will therefore withdraw the revocation decision and sustain the appeal.

    ORDER: The appeal is sustained.

    Cite as Matter of!-V-C-, Inc., ID# 81808 (AAO Feb. 9, 2017)