remanded
EB-2
remanded EB-2 Case: Unknown
Decision Summary
The appeal was remanded because the director incorrectly denied the petition under the 'advanced degree professional' standard. The petitioner had filed seeking classification as an 'alien of exceptional ability,' and the director failed to consider the evidence under the correct classification.
Criteria Discussed
Advanced Degree Professional Alien Of Exceptional Ability
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U.S.Departmentof HomelandSecurity U.S.CitizenshipandImmigrationServices AdministrativeAppealsOffice (AAO) 20 MassachuscasAve.,N.W., MS2()90 8 Washington,DC 20529-2090 U.S.Citizenship and Immigration Services DATE: D 2 1 20l2 Office: NEBRASKA SERVICECENTER FILE: IN RE: Petitioner: Beneficiary: PETITION: ImmigrantPetitionfor Alien Worker asa Memberof the ProfessionsHolding an Advanced Degree or an Alien of Exceptional Ability Pursuant to Section 203(b)(2)(A) of the ImmigrationandNationalityAct, 8 U.S.C.§ ll53(b)(2)(A) ON 13EHALFOF PETITIONER: INSTRUCTIONS: This is thedecisionof theAdministrativeAppealsOfficein yourcase.Pleasenotethatall documentshave beenreturnedto theo(Ticethatoriginally decidedyour case. Pleasealsonotethatanyfurtherinquiry mustbe made to that olTice. Thankyou, Ron Rosenberg Acting Chief,AdministrativeAppealsOffice www.uscus.gov Page2 DISCUSSION: The Director,NebraskaServiceCenter,deniedthe employment-basedimmigrant visa petition, which is now before the Administrative AppealsOffice (AAO) on appeal. The AAO will withdraw thedirector'sdecisionandremandthematterfor furtheractionandconsideration. The petitionerseeksclassificationof the beneficiaryas an "alien of exceptionalability," pursuantto section203(b)(2)(A)of theImmigrationandNationalityAct (theAct), 8 U.S.C.§ 1153(b)(2)(A).The directordeterminedthat thejob offereddoesnot requirea professionalwith an advanceddegreeand thepetition mustbeandherebyis denied." Thedecisionalsostatesthat"no representationshavebeen madethatthebeneticiaryhasexceptionalability." A review of the record confirms that the petitioner filed the instant petition on behalf of the beneficiaryas an alien of exceptionalability, not asan alienwho is a memberof the professions holdingan advanceddegree. As the directorfailed to considerthe evidencesubmittedunderthe correct classification, this matter will be remandedfor a full adjudication of the petition on the rnerlts. As always in theseproceedings.the burdenof proof restssolely with the petitioner. Section291 of the Act, 8 U.S.C. § 1361. ORDER: Ihe director's decision is withdrawn and the matter is remandedto the director for issuanceof a new decisionon the merits, which, if adverseto the petitioner,is to be certifiedto theAAO for review.
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