PetitionLens
Log inGet started
All decisions
SustainedEB-2 · Appeal

Provider of Internet-based travel and expense management services

Business & finance · decided 2018-06-11 · NSC · JUN112018_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.

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 (1)Matter of X citation
    Decision header
    U.S. Citizenship and Immigration Services · MATTER OF C-T-, INC.

    Non-Precedent Decision of the Administrative Appeals Office DATE: JUNE II, 2018

    APPEAL OF NEBRASKA SERVICE CENTER DECISION PETITION: FORM 1-140, IMMIGRANT PETITION_ FOR ALIEN WORKER The Petitioner, a provider of Internet-based travel and expense management services, seeks to employ the Beneficiary as a software design engineer. It requests his classification under the second-preference immigrant category as a member of the professions holding an advanced degree or its equivalent. 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 professional with a master's degree, or a bachelor's degree followed by five years of experience, for lawful permanent resident status.

    After the tiling's initial grant, the Acting Director of the Nebraska Service Center revoked the petition's approval. The Director concluded that, as of the grant, the Petitioner did not establish the Beneficiary's possession of the minimum experience required for the offered position. See section 205 of the Act, 8 U.S.C. § 1155 (authorizing revocation of a petition's approval for "good and sufticient cause").

    The Petitioner must establish the Beneficiary's possession of the job. requirements stated on the labor certification. See Maller ofWing's Tea House, 16 I&N Dec. 158 (Acting Reg'! Comm'r 1977). Here, the labor certification requires a master's degree and two years of qualifying experience, but the Director found that the experience recorded on the labor certification was insufficient to establish the Beneficiary's eligibility. On appeal, the Petitioner asserts that the Beneficiary possesses at least two years of qualifying experience and submits documentary evidence corroborating the claimed employment. Upon review, we find that a preponderance of evidence establishes the Beneficiary's qualifications tor the offered position. We will therefore withdraw the revocation decision.

    ORDER: The appeal is sustained.

    Cite as Matter ofC-T-, Inc., ID# 981335 (AAO June II, 2018)