dismissed
EB-2
dismissed EB-2 Case: Architecture
Decision Summary
The appeal was dismissed because the petitioner, an individual, filed the petition on his own behalf for a classification that requires a U.S. employer. The director noted, and the AAO agreed, that the petition was also properly denied because it was not accompanied by a required labor certification from the U.S. Department of Labor.
Criteria Discussed
Necessity Of A U.S. Employer Labor Certification Requirement
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identifyingdatadeletedto preventclearlyunwarranted invasionof personalprivacy PUBLICCOPY U.S.Departmentof HomelandSecurity U. S.CitizenshipandImmigrationservices AdministrativeAppealsOffice (AAO) 20 MassachusettsAve.. N.w., Ms 2090 Washington,DC 20529-2090 8 U.S.Citizenship and Immigration Services DATE: Office: TEXASSERVICECENTER FILE: AUG132012 IN RE: Petitioner: Beneficiary: PETITION: ImmigrantPetitionfor Alien Workerasa Memberof theProfessionsHoldinganAdvanced Degreeor anAlien of ExceptionalAbility Pursuantto Section203(b)(2)of theImmigration andNationalityAct,8U.S.C.§ 1153(b)(2) ON BEHALF OFPETITIONER: INSTRUCTIONS: Enclosedpleasefind thedecisionof theAdministrativeAppealsOffice in yourcase. All of thedocuments relatedtothismatterhavebeenreturnedtotheofficethatoriginallydecidedyourcase.Pleasebeadvisedthat any further inquiry that you might have concerning your case must be made to that office. If you believe the AAO inappropriatelyapplied the law in reachingits decision,or you have additional informationthatyouwishto haveconsidered,youmayfile a motionto reconsideror a motionto reopenin accordancewith the instructionson FormI-290B,Noticeof Appealor Motion, with a fee of $630. The specificrequirementsfor filing sucha motioncanbe foundat 8 C.F.R.§ 103.5.Do not file any motion directly with the AAO. Pleasebeawarethat8 C.F.R.§ 103.5(a)(1)(i)requiresanymotionto befiled within 30 daysof the decisionthat the motion seeksto reconsideror reopen. Thankyou, PerryRhew Chief,AdministrativeAppealsOffice www.uscis.gov Page2 DISCUSSION: TheDirector,TexasServiceCenter,deniedtheFormI-140,ImmigrantPetitionfor Alien Worker,andthe matteris now beforethe AdministrativeAppealsOffice (AAO) on appeal Theappealwill bedismissed. Thepetitioneris anindividualwho is filing a FormI-140,ImmigrantPetitionfor Alien Worker,in his own behalf. He seeksto becomeemployedpermanentlyin the United Statesas an architect pursuantto section203(b)(2)of theImmigrationandNationalityAct (theAct). 8 U.S.C.§ 1153(b)(2). In a decisiondatedJuly 30, 2010,the directordeterminedthata Form I-140 for this classification mustbefiled by aUnitedStatesemployer,whocouldnotalsobethebeneficiaryof thepetition. The directoralsodeterminedthatthepetitioncouldnot beapprovedbecauseit wasnotaccompaniedby a laborcertificationapprovedby theUnitedStatesDepartmentof Labor(USDOL). Section203(b)(2) of the Act providesimmigrant classificationto membersof the professions holdingadvanceddegreesor their equivalentandwhoseservicesare soughtby an employerin the UnitedStates.Theclassificationsoughtby thepetitioneris not onein which a personmayfile for oneself. Only anemployermay file a petitionfor classificationunderthis provisionof law. See8 C.F.R.204.5(c). Evenhadthe law allowedthepetitionerto file a FormI-140for himselfunderthis classification,he could not haveobtainedan individuallaborcertificationapprovedby the USDOL,as requiredby USCISregulationat 8 C.F.R.§ 204.5(a)(2),becauselaborcertificationsareonly approvedfor self- employedpersonsandemployingorganizationswhoareseekingadditionalworkers. Theburdenof proofin theseproceedingsrestssolelywith thepetitioner. Seesection291of theAct, 8 U.S.C. § 1361. The petitionerhasnot metthatburden. ORDER: Theappealisdismissed.
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