dismissed EB-2 Case: Unspecified

U.S. Department of Homeland Security 
U. S. Citizenship and Immigration Sewices 
Ofjce ofAdministrative Appeals MS 2090 
Washington, DC 20529-2090 
U. S. Citizenship 
and Immigration 
Services 
FILE: Date: FEB 0 2 2010 
PETITION: Immigrant Petition for Alien Worker as a Member of the Professions Holding an Advanced 
Degree or an Alien of Exceptional Ability Pursuant to Section 203(b)(2) of the Immigration and 
Nationality Act, 8 U.S.C. 5 1153(b)(2) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Office in your case. All documents have been returned to 
the office that originally decided your case. Any further inquiry must be made to that office. 
If you believe the law was inappropriately applied or you have additional information that you wish to have 
considered, you may file a motion to reconsider or a motion to reopen. Please refer to 8 C.F.R. 9 103.5 for 
the specific requirements. All motions must be submitted to the office that originally decided your case by 
filing a Form I-290B,Notice of Appeal or Motion, with a fee of $585. Any motion must be filed within 30 
days oft dec' io t at the motion seeks to reconsider or reopen, as required by 8 C.F.R. 9 103.5(a)(l)(i). 
MG (,- ~Kief, Administrative Appeals Office 
DISCUSSION: The employment based immigrant visa petition was denied by the Director, Nebraska 
Service Center, and is now before the Administrative Appeals Office (AAO) on appeal. The appeal 
will be dismissed. 
The petitioner seeks the beneficiary's classification as an employment based immigrant pursuant to 
section 203(b)(2) of the Immigration and Nationality Act, (the Act), 8 U.S.C. 5 1153(b)(2) as an 
advanced degree professional.' The petition was accompanied by an approved Application for 
Permanent Employment Certification, ETA Form 9089 from the Department of Labor (DOL). The 
director determined that the petitioner failed to establish that the beneficiary had obtained the 
required 24 months of employment experience in the job offered and denied the petition accordingly. 
Review of USCIS records indicates that, subsequent to the filing of the instant petition and appeal, on 
January 6,201 0, DOL revoked the certification of the ETA Form 9089 pursuant to the regulation at 20 
C.F.R. 5 656.32. DOL issued a Notice of Revocation, which provides in relevant part: 
On October 23, 2009, the Department sent. [the petitioner] a Notice 
of Intent to Revoke the application and provided it with 30 days within which to 
submit rebuttal evidence. The employer has not responded to the Notice within the 
timeframe provided. Therefore, pursuant to 20 C.F.R. 5 656.32(b)(2), the Notice of 
Intent to Revoke has become the final decision of the Secretary of Labor. . . . 
In this matter, section 203(b)(2) of the Act, 8 U.S.C. 5 1153(b)(2) provides immigrant classification 
to members of the professions holding advanced degrees or their equivalent and whose services are 
sought by an employer in the United States. However, the petition must be accompanied by an 
individual labor certification approved by the Department of Labor. See 8 C.F.R. 204.5(k)(4). 
Because this labor certification has been revoked, the petition is not supported by a valid labor 
certification, and further pursuit of the matter at hand is moot. 
ORDER: The appeal is dismissed, based on DOL's revocation of certification of the ETA Form 9089, 
as the petition is no longer supported by a valid labor certification. 
I In relevant part, section 203(b)(2) of the Act provides immigrant classification to members of the 
professions holding advanced degrees or their equivalent and whose services are sought by an employer 
in the United States. An advanced degree is a U.S. academic or professional degree or a foreign 
equivalent degree above the baccalaureate level. The equivalent of an advanced degree is either a 
United States baccalaureate or foreign equivalent degree followed by at least five years of "progressive 
experience" in the specialty. 8 C.F.R. 3 204.5(k)(2).