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SustainedEB-2 · Appeal

Senior release manager

Business & finance · decided 2020-03-05 · TSC · MAR052020_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 · In Re: 7492128 · Appeal of Texas Service Center Decision

    Non-Precedent Decision of the Administrative Appeals Office Date: MAR. 5, 2020

    Form I-140, Immigrant Petition for Advanced Degree Professional The Petitioner seeks to employ the Beneficiary as a senior release manager under the second- preference, immigrant category for members of the professions holding advanced degrees. See Immigration and Nationality Act (the Act) section 203(b)(2)(A), 8 U.S.C. § 1153(b)(2)(A).

    The Director of the Texas Service Center denied the petition. The Director concluded that the Petitioner did not demonstrate its required ability to pay the combined proffered wages of this and other Form I-140 petitions it filed.

    On appeal, a totality of circumstances favors the Petitioner's ability to pay the combined proffered wages of all applicable petitions. See Matter of Sonegawa, 12 I&N Dec. 612, 614-15 (Reg'l Comm'r 1967) (requiring adjudicators to consider factors beyond wages a petitioner paid, its net income, and its net current assets). A preponderance of evidence therefore demonstrates the eligibility of the Petitioner and the Beneficiary for the requested benefit.

    ORDER: The appeal is sustained.