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SustainedEB-2 · Appeal

Software engineer (applications)

Computing, AI & data · decided 2017-07-25 · TSC · JUL252017_04B5203

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

Upon review of the entire record, including the additional evidence submitted on appeal, we conclude that the Petitioner has established that it more likely than not has had the ability to pay the proffered wage from the priority date. See in text

What the AAO decided

  • Upon de novo review, we will sustain the appeal. See in text
  • Accordingly, the petition will be approved under section· 203(b)(2) of the Act for classification o f the Beneficiary as an advanced degree professional. See in text
  • ORDER: The appeal is sustained. 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 (3)Matter of X citation
    Decision header
    U.S. Citizenship and Immigration Services · MATTER OF C-T-S- LLC · APPEAL OF TEXAS SERVICE CENTER DECISION

    Non-Precedent Decision of the Administrative Appeals Office DATE: JULY25,2017

    PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER The Petitioner, a consulting, development, and staffing company, seeks to employ the Beneficiary as a software engineer (applications). 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 ofthe Texas Service Center denied the petition on the ground that the Petitioner did not establish its ability to pay the proffered wage for 2014. On appeal, the Petitioner submits additional evidence and asserts that it had the ability to pay the proffered wage.

    Upon de novo review, we will sustain the appeal.

    To be eligible for approval, a petitioner must establish its continuing ability to pay the proffered wage of the job offered from the priority date up to the present. See 8 C.F.R. § 204.5(g)(2). The priority date of the instant petition is September 27, 2013, which is the date the underlying labor certification was accepted for processing by the DOL. See 8 C.F.R. § 204.5(d).

    Upon review of the entire record, including the additional evidence submitted on appeal, we conclude that the Petitioner has established that it more likely than not has had the ability to pay the proffered wage from the priority date. Thus, the Petitioner has overcome the ground for denial in the Director's decision. Accordingly, the petition will be approved under section· 203(b)(2) of the Act for classification o f the Beneficiary as an advanced degree professional.

    ORDER: The appeal is sustained.

    Cite as Matter ofC-T-S- LLC, ID# 91037 (AAO July 25, 2017)