sustained EB-2 Case: Software Engineering

(b)(6)
.. / / 
DATE:AUG 1 3 2013 OFFICE: NEBRASKA SERVICE CENTER 
fNRE: Petitioner: 
Beneficiary: 
U.S. Department of Homeland Security 
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. § 1153(b)(2) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office (AAO) in your case. 
n Rosenberg 
Acting Chief, Administrative Appeals Office 
www.uscis.gov 
(b)(6)
NON-PRECEDENT DECISION 
Page 2 
DISCUSSION: The Director, Nebraska Service Center, denied the immigrant visa petition and the 
matter was appealed to the AAO. By decision dated January 14, 2013, the AAO rejected the 
petitioner's appeal as untimely. The matter is again before the AAO on the petitioner's motion to 
reopen and motion to reconsider. The AAO's decision dated January 14, 2013 rejecting the 
petitioner's appeal as untimely shall be withdrawn and a new decision entered addressing the merits 
of the petitioner's appeal. The appeal will be sustained. The petition shall be approved. 
The petitioner describes itself as a semiconductor manufacturer. It seeks to permanently employ the 
beneficiary in the United States as a software engineer. 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). 
On January 14, 2013 the AAO issued a decision rejecting the petitioner's appeal as having been 
untimely filed. The petitioner has presented, on appeal, tracking documentation from Federal 
Express which shows that the appeal was received by United States Citizenship and Immigration 
Services (USCIS) on April 9, 2012. The appeal was, therefore, timely filed. The decision of the 
AAO dated January 14, 2013 rejecting the petitioner's appeal is withdrawn. The merits of the 
petitioner's appeal shall considered as hereinafter discussed. 
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 record establishes that the beneficiary's foreign education completed in 2007, is equivalent to a 
master ' s degree in the United States as required by the terms of the labor certification. The record 
further establishes that the beneficiary has the specific skills required by the labor certification for the 
position. 
Based on the foregoing, the petitioner has established that the beneficiary meets the educational and 
specific skill requirements of the labor certification. 
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.