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DismissedEB-2 · Appeal

Occupation not stated

Other / unclear · decided 2014-02-28 · NSC · FEB282014_02B5203

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

On May 16, 2013, the director denied the visa petition after determining that the record failed to establish that the beneficiary was qualified for the offered position. See in text

What the AAO decided

Read the full decision (2 pages)

Objections found (0)

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    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
    DATE: FEB 2 8 20140FFICE: NEBRASKA SERVICE CENTER · INRE: Petitioner: · Beneficiary: U.S. Department of Homeland Security U.S. Citizenship and Immigr ation Servic es Administrativ e Appeals Office (AAO) 20 Massac husetts Ave. , N.W., MS 2090 Was hington, DC 20529-20 90 U.S. Citizenship and Immigration Services FILE: · PETITION: Immigr ant Petition for AJien Worker as a Member of the Professions Holding an Advanced

    Degree or an AJien 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 decision s.

    Thank you,

    Ron Rosenberg

    Chief , Administrative Appeals Office www.uscis.gov

    NON-PRECEDENT DECISION

    DISCUSSION: The Director, Nebraska Service Center (director) denied the employment-based immigrant visa petition and the petitioner has appealed that decision to the Administrative Appeals Office (AAO). The appeal will be dismissed as moot.

    The petitioner is a dental clinic seeking to employ the beneficiary permanently in the United States as a dentist (materials/reconstructive) pursuant to section 203(b )(2) of the Immigration and Nationality Act (the Act), 8 U .S.C. § 1153(b )(2). On May 16, 2013, the director denied the visa petition after determining that the record failed to establish that the beneficiary was qualified for the offered position.

    The AAO conducts appellate review on a de novo basis. See Soltane v. DOl, 381 F.3d 143, 145 (3d Cir. 2004).

    The record contains the instant Form I-290B, Notice of Appeal or Motion _ which was timely filed by the petitioner on June 18, 2013. It also includes a Form I-290B filed by the petitioner on June 17, 2013. Both Forms I-290B appeal the director ' s May 16, 2013 decision and rely on the same reasoning.

    On February 12, 2014, the AAO sustained the petitioner's June 17, 2013 appeal of the director's decision \, , Accordingly , the AAO will not consider the instant Form I-290B r and will dismiss it as moot.

    ORDER: The appeal is dismissed as moot.