Non-Precedent Decision of the Administrative Appeals Office DATE: MAY 7, 2019
APPEAL OF NEBRASKA SERVICE CENTER DECISION PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER The Petitioner, a designer and seller of children's clothing and accessories, seeks to employ the Beneficiary as a senior accountant. It requests her classification under the second-preference, immigrant category as a member of the professions holding an advanced degree. 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 foreign national for lawful permanent resident status to work in a job requiring at least a master's degree, or a bachelor's degree followed by five years of employment experience.
The Director ofthe Nebraska Service Center denied the petition and the Petitioner's following motion to reopen. The Director concluded that the accompanying certification from the U.S. Depaiiment of Labor (DOL) is invalid. The Director found that, contrary to DOL regulations, the labor certification was not signed by the appropriate counsel.
On appeal, the Petitioner asserts that the Director erred in disregarding the alternate signature of its current counsel on the labor certification.
Upon de novo review of the record, we find that the appropriate parties signed the labor certification. The labor certification is therefore valid. A petitioner bears the burden of establishing eligibility for a benefit request. Section 291 of the Act, 8 U.S.C. § 1361. Here, the Petitioner has met that burden.
ORDER: The appeal is sustained.
Cite as Matter ofZ-1-, Inc., ID# 2835356 (AAO May 7, 2019)