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 ~EHALF OF PETITIONER:
INSTRUCTIONS:
Enclosed please find the decision of the Administrative Appeals Office in your case. All of the documents related to this mallcr 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. Thank you,
(W
Ron Rosenberg
Acting Chief, Administrative Appeals Office www.uscis.gov
I
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Texas ( Service Center (Director). It is now on appeal before the Acting Chief, Administrative Appeals Office (AAO). The appeal will be sustained, and the petition approved.
The petitioner is a cable television network programming business. It seeks to permanently employ the beneficiary in the United States as "manager, accounting and tax" pursuant to section 203(b)(2) of the Immigration and Nationality Act (the Act), 8 U.S.C. § 1153(b)(2). As required by statute, the · petition is accompanied by an Application for Permanent- Employment Certification, ETA Form 9089, certified by the United States Department of ~bor (DOL).
The· Director denied t_he petition on December 14, 2009, on the ground that the record failed t9 -establish that the beneficiary had five years of q.ualifying post-baccalaureate experience, as required . . . in the regulation at 8 C.F.R. § 204.5(k)(2) to be eligible for classification as an advanced degree professional. ·
The petitioner file~ a timely appea-l. The AAO conducts appellate review on a de novo basis. See Soltane v. DOJ, 381 F.3d 143, 145 (3d Cir. 2004).
Section 203(b)(2) of the Act provides fo·r the granting of preference classification to members of the professions holding advanced degrees whose serviCes are sought by employers in the United States. To be eligible for approval, a beneficiary mus~ have all the education, training, and experience specified on the labor certification as of the petition's priority date. See Matter of Wing's Tea House, 16 I&N 158 (Act. Reg. Comm. 1977). The petition_er must also establish its continuing ability to pay the proffered wage to the beneficiary from the priority date up to the present. See 8 C.F.R. § 204.5(g)(2). · The priority dat~ of the instant petition is October 22, 2008, which Is the date the underlying labor. certification was accepted for processing by the DOL. Se.e 8 C.F.R. § 204.5(d). The Immigrant Petition for Alien Worker (Form I-140}was filed on August 21, 2009.
Upon review of the entire record, the· AAO concludes that the petitioner has established that the beneficiary more likely than not had all the education, training,_and experience specified on the ETA Form 9089 as of the priority· date - October 22, 2008. The beneficiary earned a foreign equivalent degree to a U.S. bachelor's degree in accounting and.had five years of qualifying progressive work experience before the priority date, in conformance with the ETA Form 9089, Parts H.4 and H.10, which are read- in combination. The AAO also determines that the petitioner has established its continuing ability to pay the proffered wage from the priority date up to the present Accordingly, the petition is approved unde~ section 203(b)(2) of the Act, 8 U.S.C. § 1153(b)(2), for classification of . the beneficiary as an advanced. degree professional.
The burden of proof in these proceedings rests solely with the petitioner. See Section 291 of the Act, 8 U.S.C. § 1361. The petitioner has met that burden.
ORDER: The appeal is sustained. The petition is approved. . . .