sustained EB-2 Case: Law

DATE: OCT 1 2 2012 
IN RE: Petitioner: 
Beneficiary: 
OFFICE: TEXAS SERVICE CENTER 
u.s. Ilepartment of Homeland Securit)' 
U.S. Citizenship and Immigration Services 
Administrative Appeals Office (AAO) 
20 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. § llS3(b)(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 been returned to the office that originally decided your case. Please be advised that 
any further inquiry lhat you might have concerning your case must be made to lhat ollice. 
Thank you, 
··"..·'· ..... ·1"",. -""'- ~ '~-·1·; ii/-ij;·u ,f 
,j ~....:. <" .. V vo-:-''''_c.,,: 
Perry Rhew 
Chief, Administrative Appeals Office 
www.uscis.gov 
\ 
Page 2 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Texas 
Service Center (Director). It is now on appeal before the Chief, Administrative Appeals Office 
(AAO). The appeal will be sustained, and the petition approved. 
The petitioner is a law finn. It seeks to permanently employ the beneficiary in the United States as 
an attorney pursuant to section 203(b)(2) of the Immigration and Nationality Act (the Act), 8 U.s.c. 
§ 1\53(b)(2). 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). 
The Director denied the petition on June 30, 2011, on the ground that the petJtlOner failed to 
establish that the beneficiary has the minimum level of education required on the labor certification 
- specifically, a U.S. Juris Doctor (J .0.) degree or a foreign educational equivalent. 
The AAO conducts appellate review on a de novo basis. See Soltane v. DOl, 381 F.3d 143, 145 (3d 
Cir. 2004). 
Section 203(b )(2) of the Act provides for the granting of preference classification to members of the 
professions holding advanced degrees whose services are sought by employers in the United States. 
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 Malter of Wing's Tea House, 16 I&N 
158 (Act. Reg. Comm. 1977). The petitioner must also establish its continuing ability to pay the 
proffered wage to the beneficiary from the priority date up to the present. See 8 C.F.R. 
§ 204.5(g)(2). The priority date of the instant petition is September 17, 2010, which is the date the 
underlying labor certification was accepted for processing by the DOL. See 8 C.F.R. § 204.5(d). 
The Immigrant Petition for Alien Worker (Form 1-140) was filed on April 26, 201 1. 
Upon review of the entire record, the AAO concludes that the petitioner has established that the 
beneficiary more likely than not had all the education, training, experience, and other credentials 
specified on the ETA Fonn 9089 as of the priority date - September 17, 2010. The AAO also 
determines that the petitioner has established its continuing ability to pay the proffered wage from the 
priority date up to the present. Accordingly, the petition is approved under section 203(b)(2) of the 
Act, 8 U.S.c. § 1153(b)(2), as an advanced degree professional. 
The burden of proof in these proceedings rests solely with the petitioner. See Section 291 of the Act, 
8 U.S.c. § 1361. The petitioner has met that burden. 
ORDER: The appeal is sustained. The petition is approved.