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DismissedEB-2 · Appeal

Software development and consultancy business

Computing, AI & data · decided 2025-09-17 · SCOPS · SEP172025_02B5203

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

Service Center Operations (SCOPS) denied the petition, concluding that the Petitioner did not establish that the Beneficiary possessed the required education for the offered position as described on the accompanying certification from the U. See in text

What the AAO decided

  • As the Petitioner did not respond to the NOID by the required date, we will dismiss the appeal as abandoned. See in text
  • ORDER: The appeal is dismissed as abandoned under 8 C.F.R. § 103.2(b)(13). 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 (2)Matter of X citation
    Decision header
    U.S. Citizenship and Immigration Services · Non-Precedent Decision of the Administrative Appeals Office · In Re: 39125250 Date: SEP. 1 7, 2025 · Appeal of Service Center Operations (SCOPS) Decision · Form 1-140, Immigrant Petition for Alien Workers (Advanced Degree)

    The Petitioner, a software development and consultancy business, seeks to employ the Beneficiary as a computer systems analyst under the second-preference, immigrant classification for members ofthe professions with advanced degrees or their equivalents. Immigration and Nationality Act (the Act) section 203(b)(2)(A), 8 U.S.C. § 1153(b)(2)(A). This employment-based classification allows a U.S. employer to sponsor a professional with an advanced degree for lawful permanent resident status. Id. Service Center Operations (SCOPS) denied the petition, concluding that the Petitioner did not establish that the Beneficiary possessed the required education for the offered position as described on the accompanying certification from the U.S. Department of Labor. The matter is now before us on appeal pursuant to 8 C.F.R. § 103.3.

    On July 2, 2025, we issued a notice of intent to dismiss (NOID) the appeal. In the NOID, we stated that we intended to dismiss the appeal because the record lacked initial evidence required by 8 C.F.R. § 204.5(k)(3)(i)(B), specifically the Beneficiary's complete official academic record. We further stated that we intended to dismiss the appeal because the Petitioner had not established that the Beneficiary meets the minimum experience required for the offered position as described on the labor certification.' We requested that the Petitioner respond with evidence that the Beneficiary meets the minimum experience and education requirements set forth on the labor certification. We also advised that we may dismiss the appeal if we did not receive the Petitioner's response to the NOID within 33 days of the date of the notice. As of this date, more than 45 days beyond the date of the NOID, we have not received a response.

    The regulation at 8 C.F.R. § 103.2(b)(13) provides that if a petitioner fails to respond to a request for evidence or a notice of intent to deny by the required date, the benefit request may be summarily denied as abandoned. As the Petitioner did not respond to the NOID by the required date, we will dismiss the appeal as abandoned.

    ORDER: The appeal is dismissed as abandoned under 8 C.F.R. § 103.2(b)(13).