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SustainedEB-2 · Appeal

Occupation not stated

Other / unclear · decided 2013-11-27 · TSC · NOV272013_01B5203

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.

What the AAO decided

  • The appeal will be sustained. See in text
  • The director's decision denying the petition is reopened and the petition will be approved. See in text
  • ORDER: The appeal is sustained, and the petition is approved. See in text
Read the full decision (2 pages)

Objections found (0)

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    Full decision

    OCR text from the official PDF, reformatted for reading. Scan errors carry over; the PDF controls.

    Highlighted: Outcome (3)Matter of X citation
    Decision header
    DATE: NOV 2 7 2013 OFFICE: TEXAS SERVICE CENTER · INRE: Petitioner: · Beneficiary: U.S. Department of Homeland Security U.S. Citizenship and Immigr ation Services Administr ative Appeals Office (AAO) 0 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 (AAO) in your case. This is a non­ precedent decision. The AAO does not announce new constructions of law nor establish agency policy through non-precedent decisions.

    Thank you,

    ~uk/hJtl(~

    Ron Rosenberg

    Chief, Administrative Appeals Office www.uscis.gov

    NON-PRECEDENT DECISION

    DISCUSSION: The Director, Texas Service Center, denied the immigrant visa petition and the matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be sustained.

    The petitioner describes itself as a commercial banking institution. It seeks to permanently employ the beneficiary in the United States as a computer systems analyst. The petitioner requests classification of the beneficiary as an advanced degree professional pursuant to section 203(b )(2) of the Immigration and Nationality Act (the Act), 8 U.S.C. § 1153(b )(2).

    At issue in this case is whether the beneficiary possesses an advanced degree as required by the terms of the labor certification and the requested preference classification.

    The AAO conducts appellate review on a de novo basis. See Soltane v. DOl, 381 F.3d 143, 145 (3d Cir. 2004).

    To be eligible for approval, a beneficiary must 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. Corum. 1977). The priority date of the petition is July 24, 2012, which is the date the labor certification was accepted for processing by the DOL. See 8 C.P.R. § 204.5(d). The Immigrant Petition for Alien Worker (Form I-140) was filed on October 24, 2012.

    Upon review of the entire record, the petitioner established that the beneficiary possessed an advanced degree and the work experience required by the terms of the labor certification and the requested preference classification. Therefore, the beneficiary qualifies for classification as a member of the professions holding an advanced degree under section 203(b )(2) of the Act. The director's decision denying the petition is reopened and the petition will be approved. 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 met that burden.

    ORDER: The appeal is sustained, and the petition is approved.