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SustainedEB-2 · Appeal

Developer of oil and natural gas

Computing, AI & data · decided 2019-07-31 · TSC · JUL312019_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

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What the AAO decided

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Objections found (0)

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    Full decision

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    Highlighted: Outcome (1)Matter of X citation
    Decision header
    U.S. Citizenship and Immigration Services · MATTER OF P-E-O-, LLC · APPEAL OF TEXAS SERVICE CENTER DECISION

    Non-Precedent Decision of the Administrative Appeals Office DATE: JULY 31, 2019

    PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER The Petitioner, a developer of oil and natural gas, seeks to employ the Beneficiary as a software developer. It requests his classification under the second-preference immigrant category as a member of the professions holding an advanced degree. See Immigration and Nationality Act (the Act) section 203(b)(2)(A), 8 U.S.C. § 1153(b)(2)(A). This employment-based, "EB-2" category allows a U.S. business to sponsor a foreign national for lawful permanent resident status to work in a job requiring at least a master's degree, or a bachelor's and five years of experience.

    The Director of the Texas Service Center denied the petition. The Director concluded that the Petitioner did not demonstrate the Beneficiary's possession of a master's degree in a field of study acceptable for the offered position.

    On appeal, the Petitioner submits probative evidence demonstrating that the Beneficiary's foreign degree equates to a U.S. master's degree in a field listed on the accompanying certification from the U.S. Department of Labor. The record therefore establishes the Beneficiary's educational qualifications for the offered position.

    ORDER: The appeal is sustained.

    Cite as Matter ofP-E-O-, LLC, ID# 5125396 (AAO July 31, 2019)