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RemandedEB-2 · Motion to reopen & reconsider

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Other / unclear · decided 2020-10-16 · NSC · OCT162020_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

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

Summary sentence

We remanded the petition to the Director for continued review and processing. See in text

What the AAO decided

  • ORDER: The decisions of the Administrative Appeals Office, dated November 15, 2018, April 15, 2019, and August 5, 2019, are withdrawn. See in text
  • The matter is remanded for further proceedings. See in text
  • FURTHER ORDER: The ETA Form 9089, case number ._I_ _ _ _ ....,I is reinstated. See in text
Read the full decision (2 pages)

Objections found (0)

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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 (6)Matter of X citation
    Decision header
    U.S. Citizenship and Immigration Services · In Re: 14709683 · Non-Precedent Decision of the Administrative Appeals Office · Date: OCT. 16, 2020 Service Motion on Administrative Appeals Office Decisions · Form 1-140, Immigrant Petition for Advanced Degree Professional

    ThePetitionersoughttoemploytheBeneficiaryasasoftwareengineer. Itrequestedclassificationof the Beneficiary as a member of the professions holding an advanced degree under the second preference immigrant classification. Immigration and Nationality Act (the Act) section 203(b)(2), 8 U.S.C. § 1153(b)(2). This employment-based immigrant classification allows a U.S. employer to sponsor a professional with an advanced degree for lawful permanent resident status.

    The Petitioner filed the Form 1-140 petition on September 26, 2006. The Director of the Nebraska Service Center approved the petition on November 21, 2006. The Director subsequently sent the Petitioner a notice of intent to revoke (NOIR) the petition's approval, and on October 19, 2012, the Director revoked the petition's approval due to the Petitioner's failure to respond to the NOIR.

    The Director later vacated the October 19, 2012, decision and certified the case to us. We remanded the petition to the Director for continued review and processing. The Director subsequently issued a NOIR to the Petitioner and the Beneficiary, and on February 28, 2017, the Director revoked the approval of the petition and invalidated the ETA Form 9089, Application for Permanent Employment Certification, after receiving no response to the NOIR. The Beneficiary filed a motion to reopen and motion to reconsider; the Director granted the motion; and on October 30, 2017, she affirmed the February 28, 2017, decision revoking the approval of the petition and invalidating the labor certification application.

    We dismissed a subsequent appeal on November 15, 2018. The Beneficiary then filed a motion to reopen and motion to reconsider, but the motions were denied as untimely filed on April 15, 2019. We subsequently denied asecond motion to reopen and motion to reconsider on August 5, 2019.

    As a matter of discretion, we are reopening this case on service motion pursuant to 8 C.F.R. § 103.5(a)(5)(i) and withdrawing our prior adverse decision of November 15, 2018, and our subsequent motion decisions of April 15, 2019, and August 5, 2019. We will remand the matter to the Director for further action as necessary and appropriate.

    Accordingly, the following order shall be issued.

    ORDER: The decisions of the Administrative Appeals Office, dated November 15, 2018, April 15, 2019, and August 5, 2019, are withdrawn. The matter is remanded for further proceedings.

    FURTHER ORDER: The ETA Form 9089, case number ._I_ _ _ _ ....,I is reinstated.