dismissed
EB-2
dismissed EB-2 Case: Software Engineering
Decision Summary
The appeal was dismissed due to abandonment. The petitioner failed to respond to the AAO's notice of intent to dismiss, which was issued based on the finding that the beneficiary's combined three-year degree and post-graduate diploma did not constitute the equivalent of a U.S. bachelor's degree from a single source.
Criteria Discussed
Advanced Degree Requirement Foreign Degree Equivalency
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identifyingdatadeletedto preventclearlyunwarranted invasionofpersonalpr vacy PUBLICCOPY U.S.Departmentof HomelandSecurity U.S.CitizenshipandImmigrationServices AdministrativeAppealsOffice (AAO) 20 MassachusettsAve., N.w., MS 2090 Washington,DC 20529-2090 U.S.Citizenship and Immigration Services DATE: OCT 1 7 2(ÑIÜICE:NEBRASKASERVICECENTER IN RE: Petitioner: Beneficiary: PETITION: ImmigrantPetitionfor Alien Workerasa Memberof theProfessionsHolding anAdvanced Degreeor anAlien of ExceptionalAbility Pursuantto Section203(b)(2)of the Immigration andNationalityAct, 8 U.S.C.§ 1153(b)(2) ONBEHALFOFPETITIONER: INSTRUCTIONS: Enclosedpleasefind the decisionof the AdministrativeAppealsOffice in your case. All of the documents relatedto this matterhavebeenreturnedto theoffice thatoriginally decidedyourcase.Pleasebeadvisedthat anyfurther inquiry thatyoumighthaveconcerningyourcasemustbemadeto thatoffice. If you believethe law was inappropriatelyappliedby us in reachingour decision,or you haveadditional informationthatyouwishto haveconsidered,youmayfile amotionto reconsideror amotionto reopen.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 awarethat 8 C.F.R. § 103.5(a)(1)(i)requiresthat any motion must be filed within 30daysof thedecisionthatthemotionseeksto reconsideror reopen. Thankyou, PerryRhew Chief,AdministrativeAppealsOffice www.uscus.gov Page2 DISCUSSION: The Director,NebraskaServiceCenter,deniedthe employment-basedimmigrant visapetition,whichis nowbeforetheAdministrativeAppealsOffice(AAO) on appeal.Theappeal will bedismissed. Thepetitioneris a nonprofityouthsportsorganization.It seeksto employthebeneficiarypermanently in the United Statesas a softwareengineerpursuantto 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 demonstratethatthebeneficiarysatisfiedtheminimumlevelof educationstated on the alien employmentcertification. The director determinedthat the beneficiary's three-year Bachelor of Arts degree and one-year post-graduatediploma (PGD) in computer software technologyandsystemsmanagementcouldnotbe acceptedasa foreignequivalentdegreeto a U.S. bachelor'sdegreein computersciencebecausethey did not constitutea single sourcefour-year degree. TheAAO issuedanoticeonAugust1,2011advisingthatit consultedadatabasethatdid notequatethe beneficiary'scredentialsto a U.S.baccalaureatedegree.TheAAO affordedthepetitioner45 daysto respond"to thisnoticeof intenttodismisstheappeal." In thenotice,theAAO specificallyalertedthepetitionerthatfailureto respondmayresultin dismissal. Becausethepetitionerfailed to respondto thenotice,theAAO is summarilydismissingtheappeal dueto abandonment.See8 C.F.R.§ 103.2(b)(13). Theburdenof proof in theseproceedingsrestssolelywith the petitioner. Section291 of theAct, 8 U.S.C.§ 1361.Thepetitionerhasnotmetthatburden. ORDER: Theappealisdismissed.
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