dismissed
EB-2
dismissed EB-2 Case: Software Development
Decision Summary
The appeal was dismissed due to abandonment. The petitioner failed to respond to an AAO notice of intent to dismiss which was issued because the beneficiary's three-year bachelor's degree and one-year post-graduate diploma were not considered equivalent to a U.S. four-year bachelor's degree from a single source.
Criteria Discussed
Educational Requirements Foreign Degree Equivalency Abandonment Of Appeal
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identifyingdatadeletedto preventclearlyunwarranted invasionofpersonalprivacy PUBLICCOPY U.S.Departmentof HomelandSecurity U.S.CitizenshipandImmigrationServices AdministrativeAppealsOffice (AAO) 20MassachusettsAve.,N.W.,MS2090 Washington,DC 20529-2090 U.S.Citizenship and Immigration Services DATE: OFFICE:NEBRASKASERVICECENTER FILE: OCi1 'i 2011 IN RE: Petitioner: Beneficiary: PETITION: ImmigrantPetitionfor Alien Workerasa Memberof theProfessionsHoldingan Advanced Degreeor anAlien of ExceptionalAbility Pursuantto Section203(b)(2)of theImmigration andNationalityAct, 8U.S.C.§ 1153(b)(2) ONBEHALF OFPETITIONER: INSTRUCTIONS: Enclosedpleasefind thedecisionof theAdministrativeAppealsOfficein yourcase.All of thedocuments relatedto thismatterhavebeenreturnedto theofficethatoriginallydecidedyourcase.Pleasebeadvisedthat anyfurtherinquirythatyoumighthaveconcerningyourcasemustbemadeto thatoffice. If you believethelaw wasinappropriatelyappliedby us in reachingour decision,or you haveadditional informationthatyouwishtohaveconsidered,youmayfile amotiontoreconsideroramotiontoreopen.The specific requirementsfor filing such a requestcan be found at 8 C.F.R. § 103.5. All motions must be submittedto theoffice thatoriginally decidedyour caseby filing aFormI-290B,Noticeof Appealor Motion, with a fee of $630. Pleasebe awarethat8 C.F.R.§ 103.5(a)(1)(i)requiresthat any motion mustbe filed within 30 daysof thedecisionthatthemotionseeksto reconsideror reopen. Thankyou, PerryRhew Chief,AdministrativeAppealsOffice www.uscus.gov Page2 DISCUSSION: The Director,NebraskaServiceCenter,deniedthe employment-basedimmigrant visapetition,which is nowbeforetheAdministrativeAppealsOffice (AAO) on appeal.Theappeal will bedismissed. Thepetitioneris a softwaredevelopmentbusiness.It seeksto employthebeneficiarypermanentlyin the UnitedStatesasa softwareQA engineerpursuantto section203(b)(2)of the Immigrationand NationalityAct (the Act), 8 U.S.C.§ 1153(b)(2). As requiredby statute,an alien employment certificationaccompaniedthepetition. Uponreviewingthepetition,thedirectordeterminedthatthe petitionerfailed to demonstratethat the beneficiarysatisfiedthe minimum level of educationstated on the alien employmentcertification. The directordeterminedthat the beneficiary'sthree-year Bachelorof Sciencedegreein mathematics,statistics,and computerscienceand one-yearpost- graduatediploma (PGD) in computerapplicationscould not be acceptedas a foreign equivalent degreeto a U.S. bachelor'sdegreein computersciencebecausethey did not constitutea single sourcefour-yeardegree. TheAAO issuedanoticeonJuly28,2011advisingthatit consultedadatabasethatdid notequatethe beneficiary'scredentialsto a U.S.baccalaureatedegree.TheAAO affordedthepetitioner45 daysto respond"to thisnoticeof intentto dismisstheappeal." In thenotice,theAAO specificallyalertedthepetitionerthatfailureto respondmayresultin dismissal. Becausethepetitionerfailed to respondto thenotice,theAAO is summarilydismissingtheappeal dueto abandonment.See8 C.F.R.§ 103.2(b)(13). The burdenof proof in theseproceedingsrestssolely with the petitioner. Section291 of the Act, 8 U.S.C.§ 1361.Thepetitionerhasnotmetthatburden. ORDER: Theappealisdismissed.
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