PetitionLens
All decisions
DismissedEB-2 · Motion to reopen & reconsider

Occupation not stated

Computing, AI & data · decided 2013-06-25 · TSC · JUN252013_05B5203

Official PDF on uscis.gov

Decided under the old NYSDOT test, replaced by Matter of Dhanasar on Dec 27, 2016. Useful for background only.

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.

The decision in brief

Sentences picked out of the text automatically. Read them in context below; the official PDF controls.

Summary sentence

Upon reviewing the petition, the director determined that the petitioner failed to establish that it had the continuing ability to pay the proffered wage and had failed to establish that the beneficiary met the minimum requirements of the job offered. See in text

What the AAO decided

Read the full decision (2 pages)

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
    DATE: JUN 2 5 201 fFFICE: TEXAS SERVICE CENTER · INRE: Petitioner: · Beneficiary: U.S. Department of Homeland Security U.S. Citizenship and Immigration Service~ Administrative Appeals Office (AAO) 20 Massachusetts Ave., N.W., MS 2090 Washington, DC 20529-2090 U.S. Citizenship and Immigration Services FILE: · PETITION: Immigrant Petition for Alien Worker as a Member of the Professions Holding an Advanced

    Degree or an Alien of Exceptional Ability Pursuant to Section 203(b )(2) of the Immigration and Nationality Act, 8 U.S.C. § 1153(b)(2)

    ON BEHALF OF PETITIONER:

    INSTRUCTIONS:

    Enclosed please find the decision of the Administrative Appeals Office in your case. All of the documents related to this matter have been returned to the office that originally decided your case. Please be advised that any further inquiry that you might have concerning your case must be made to that office. If you believe the AAO inappropriately applied the law in reaching its decision, or you have additional information that you wish to have considered, you may file a motion to reconsider or a motion to reopen in accordance with the instructions on Form I-290B, Notice of Appeal or Motion, with a fee of $630. The specific requirements for filing such a motion can be found at 8 C.F.R. § 103.5. Do not file any motion directly with the AAO. Please be aware that 8 C.F.R. § 103.5(a)(l)(i) requires any motion to be filed within 30 days of the decision that the motion seeks to reconsider or reopen.

    Thank you,

    0'1. /_ }"(' !iA cJf·~vr:.y;;(. {~~ ~~, ~

    Ron Rosenberg

    Acting Chief, Administrative Appeals Offic www.uscis.gov

    DISCUSSION: The Director, Texas Service Center, denied the immigrant visa petition. The petitioner appealed this denial to the Administrative Appeals Office (AAO). The appeal will be dismissed.

    The petitioner is a software development and IT consulting firm. It seeks to employ the beneficiary permanently in the United States as senior software engineer, applications. As required by statute, a labor certification accompanied the petition. Upon reviewing the petition, the director determined that the petitioner failed to establish that it had the continuing ability to pay the proffered wage and had failed to establish that the beneficiary met the minimum requirements of the job offered. The AAO issued a Request for Evidence on March 11, 2013, requesting that the petitioner provide evidence to demonstrate its ability to pay the proffered wage in 2011 and 2012 by providing copies of its income tax returns and Forms W-2 or 1099-MISC for all beneficiaries for those years. The AAO also requested that the petitioner submit evidence to demonstrate that the beneficiary met the job qualifications as stated on the labor certification, and that the beneficiary will be employed at the primary worksite located in

    This office allowed the petitioner 12 weeks in which to provide the evidence requested. The notice was sent to the petitioner's and to counsel's last known address. To date, there has been no response from the petitioner or petitioner's counsel.

    The failure to submit requested evidence that precludes a material line of inquiry shall be grounds for denying the petition. See 8 C.P.R.§ 103.2(b)(14). Because the petitioner failed to respond to the RFE and failed to provide the evidence requested, the AAO is dismissing the appeal.

    The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. § 1361. The petitioner has not met that burden.

    ORDER: The appeal is dismissed.