sustained EB-2 Case: Information Technology

identifyin,Q data deleted to 
prevent Civ ___ / .. ,lwarranted 
invasion of personal privacy 
PUBLlCCOPY 
Date: MAY 0 3 2012 Office: TEXAS SERVICE CENTER 
IN RE: 
U.S. Department of Homeland Security 
U.s. Citizenship and Immigration Service'> 
Ad1llini~trali\'e I\ppeal~ Orrin: (1\1\0) 
20 Massachusetts Ave" N_W., MS 2{)9() 
Washington, DC 20S29-2090 
u.s. Citizenship 
and Immigration 
Services 
PETITION: Immigrant Petition for Alien Worker as a Mcmher of the Pmfessions Holding an Advanced 
Degree llf an Alien of Exceptional Ahility Pursuant to Section 203(h)(2) of the Immigration and 
Nationality Act, R U.s.c. § 1153(h)(2) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office in your case. All of the documents 
related to this matter have heen returned to the office that originally decided your case. Please he advised thaI 
any further inquiry that you might have concerning your case must be made to that office, 
(]Du, 
Perry Rhcw 
Chief, Administrative Appeals Office 
www.uscis.gov 
Page 2 
DISCUSSION: The preference visa petition was denied by the Director, Texas Service Center, and 
is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be sustained and 
the petition approved. 
The petitioner is an international accounting and management company. It seeks to employ the 
beneficiary permanently in the United States as manager, IT development. As required by statute, 
the petition is accompanied by an ETA Form 9089, Application for Permanent Employment 
Certification, approved by the United States Department of Labor (DOL). Upon reviewing the 
petition, the director determined that the beneficiary did not satisfy the minimum level of education 
or experience stated on the labor certification. The director denied the petition accordingly. 
The AAO conducts appellate review on a de /lOVO basis. See Soitane v. DOl, 381 F.3d 143, 145 (3d 
Cir. 20(4). 
In pertinent part, section 203(b)(2) of the Immigration and Nationality Act (the Act), S U.S.c. § 
1153(b )(2), provides immigrant classification to members of the professions holding advanced 
degrecs or their equivalent and whose services are sought by an employer in the United States. An 
advanced degree is a United States academic or professional degree or a foreign equivalent degree 
above the baccalaureate level. S C.F.R. § 204.5(k)(2). The regulation further states: "A United 
States baccalaureate degree or a foreign equivalent degree followed by at least five years of 
progressive experience in the specialty shall be considered the equivalent of a master's degree. If a 
doctoral degree is customarily required by the specialty, the alien must have a United States 
doctorate or a foreign equivalent degree." [d. 
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',\' Tea House, 16 I&N 
158 (Act. Reg. Comm. 1977). The priority date of the petition is January 10,2008, which is the date 
the labor certification was accepted for processing by the DOL. See S C.F.R. § 204.5(d). The 
Immigrant Petition for Alien Worker (Form 1-140) was filed on June 15,2009. 
Upon review of the entire record, including evidence submitted on appeal, the AAO concludes that the 
petitioner has established that it is more likely than not that the beneficiary had all the education, 
training, and experience specified on the ETA Form 9089 as of January 10, 200S. Therefore, the 
beneficiary qualifies for preference visa classification under section 203(b)(2) of the Act. 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 
S U.s.c. § 13f>1. The petitioner has met that burden. 
ORDER: The appeal is sustained, and the petition is approved.