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DismissedEB-2 · Appeal

Data processing and hosting business

Business & finance · decided 2026-06-10 · service center unknown · JUN102026_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

    OCR text from the official PDF, reformatted for reading. Scan errors carry over; the PDF controls.

    Highlighted: Outcome (1)Matter of X citation
    Decision header
    Non-Precedent Decision of the Administrative Appeals Office U.S. Citizenship and Immigration Services · In Re: 43193271 Date: JUN. 10, 2026 · Appeal of U.S. Citizenship and Immigration Services (USCIS) Decision · Form I-140, Immigrant Petition for Alien Workers (Advanced Degree)

    The Petitioner, a data processing and hosting business, seeks to employ the Beneficiary as a software development engineer, under the second-preference, immigrant classification for members of the professions with advanced degrees or their equivalents. Immigration and Nationality Act (the Act) section 203(b)(2)(A), 8 U.S.C. § l 153(b)(2)(A).

    USCIS denied the petition, concluding that the petition was not properly filed as it did not contain acceptable signatures. The matter is now before us on appeal pursuant to 8 C.F.R. § 103.3. SCOPS denied the petition on January 28, 2026. Subsequent to filing the instant appeal, USCIS records show that the Petitioner filed a second Form I-140, Immigration Petition for Alien Worker, on April 7, 2026. That petition was approved on April 23, 2026. Because the Beneficiary has been approved for the same classification based on the same underlying labor certification for the same offered position, further pursuit of this appeal would be moot.

    ORDER: The appeal is dismissed.

    NOTICE: This constitutes the final decision in this matter. The filing of a motion will not postpone the effect of the decision. 8 C.F.R. § 103.5(a)(l)(iv). Aliens who are not lawfully present, or who are otherwise inadmissible or deportable, may be subject to the commencement of removal proceedings under section 240 ofthe Act through the issuance ofa Form I-862, Notice to Appear. Those proceedings may result in their removal from the United States and possible ineligibility for future visas or other immigration benefits.