PetitionLens
Log inGet started
All decisions
SustainedEB-2 · Appeal

Software product development and consultancy services provider

Computing, AI & data · decided 2017-01-23 · NSC · JAN232017_01B5203

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.

Summary sentence

After reviewing the record, including materials submitted on appeal, we find that the Petitioner has established that the position offered meets the minimum requirements for advanced degree professional classification under section 203(b)(2) of the Act. See in text

What the AAO decided

Read the full decision (1 page)

Objections found (0)

Automated tags. Each shows the sentence that triggered it.

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 · MATTER OF P-S-, INC. · Non-Precedent Decision of the Administrative Appeals Office · DATE: JAN.23,2017 · APPEAL OF NEBRASKA SERVICE CENTER DECISION · PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER

    The Petitioner, a software product development and consultancy services provider, seeks to employ the Beneficiary as a senior programmer analyst. It requests classification ofthe 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, Nebraska Service Center, denied the petition, concluding that the terms of the labor certification did not support classification of the position in the advanced degree professional category. The matter is now before us on appeal. The Petitioner states that the terms of the labor certification meet the minimum requirements for classification of the position as an advanced degree professional under section 203(b)(2) ofthe Act.

    Upon de novo review, we will sustain the appeal.

    After reviewing the record, including materials submitted on appeal, we find that the Petitioner has established that the position offered meets the minimum requirements for advanced degree professional classification under section 203(b)(2) of the Act. The Petitioner and Beneficiary are otherwise eligible for the benefit requested.

    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 oj'Otiende, 26 l&N Dec. 127, 128 (BIA 2013). Here, the Petitioner has met that burden.

    ORDER: The appeal is sustained.

    Cite as Matter ofP-S-, Inc., ID# 84204 (AAO Jan. 23, 2017)