sustained EB-2 Case: Computer Science

(b)(6)
DATE: NOV 2 7 2013 OFFICE: TEXAS SERVICE CENTER 
INRE: Petitioner: 
Beneficiary: 
U.S. Department of Homeland Security 
U.S. Citizenship and Immigr ation Services 
Administr ative Appeals Office (AAO) 
2
0 Massachusetts Ave., N.W., MS 2090 
Washington , DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
FILE: 
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. § 1153(b)(2) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office (AAO) in your case. This is a non­
precedent decision. The AAO does not announce new constructions of law nor establish agency policy 
through non-precedent decisions. 
Thank you, 
~uk/hJtl(~ 
Ron Rosenberg 
Chief, Administrative Appeals Office 
www.uscis.gov 
(b)(6)
NON-PRECEDENT DECISION 
Page 2 
DISCUSSION: The Director, Texas Service Center, denied the immigrant visa petition and the 
matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be 
sustained. 
The petitioner describes itself as a commercial banking institution. It seeks to permanently employ 
the beneficiary in the United States as a computer systems analyst. The petitioner requests 
classification of the beneficiary as an advanced degree professional pursuant to section 203(b )(2) of 
the Immigration and Nationality Act (the Act), 8 U.S.C. § 1153(b )(2). 
At issue in this case is whether the beneficiary possesses an advanced degree as required by the 
terms of the labor certification and the requested preference classification. 
The AAO conducts appellate review on a de novo basis. See Soltane v. DOl, 381 F.3d 143, 145 (3d 
Cir. 2004). 
To be eligible for approval, a beneficiary must have all the education, training, and experience specified 
on the labor certification as of the petition's priority date. See Matter of Wing's Tea House, 16 I&N 
158 (Act. Reg. Corum. 1977). The priority date of the petition is July 24, 2012, which is the date the 
labor certification was accepted for processing by the DOL. See 8 C.P.R. § 204.5(d). The 
Immigrant Petition for Alien Worker (Form I-140) was filed on October 24, 2012. 
Upon review of the entire record, the petitioner established that the beneficiary possessed an 
advanced degree and the work experience required by the terms of the labor certification and the 
requested preference classification. Therefore, the beneficiary qualifies for classification as a 
member of the professions holding an advanced degree under section 203(b )(2) of the Act. The 
director's decision denying the petition is reopened and the petition will be approved. 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 
8 U.S.C. § 1361. The petitioner has met that burden. 
ORDER: The appeal is sustained, and the petition is approved.