dismissed EB-3 Case: Information Technology

(b)(6)
U.S. Citizensh~ p 
and Immigration 
Services 
MATTER OF 
APPEAL OF TEXAS SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: FEB. 17,2017 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, an information technology consulting business, seeks to employ the Beneficiary as a 
.Net Software Engineer. It requests classification of the Beneficiary as a professional or skilled worker. 
The employment-based immigrant classification for a professional allows a U.S. employer to 
sponsor a professional with a baccalaureate degree for lawful permanent resident status under 
section 203(b )(3)(A)(ii) of the Act, 8 U.S. C. § 1153(b )(3)(A)(ii). The immigrant classification for a 
skilled worker allows a U.S. employer to sponsor a foreign naiional for lawful permanent resident 
status to work in a position that requires at least 2 years of training or experience under section 
203(b)(3)(A)(i) ofthe Act, 8 U.S.C. § 1153(b)(3)(A)(i). 
The petition was initially approved. However, the Director, Texas Service Center, subsequently 
revoked the approval of the petition, concluding that the record did not establish that the Beneficiary 
holds a U.S. bachelor's degree or a foreign equivalent degree issued by a college or university to 
meet the educational requirements of the job offered and to meet the classification of a professional 
under section 203(b)(3)(A)(ii) of the Act. The matter is now before us on appeal. Upon de novo 
review, we will summarily dismiss the appeal as abandoned pursuant to 8 C.F.R. § 103.2(b)(l3). 
In the course of adjudicating the appeal, we sent the Petitioner a notice of intent to dismiss the 
appeal and request for evidence (NOID/RFE) with a copy to counsel of record. The NOID/RFE 
stated that Parts H.4 and H.9 of the ETA Form 9089, Application for Permanent Employment 
Certification (labor certification), required a bachelor's degree or foreign equivalent and did not 
allow for any combination of education and experience. In our NOID/RFE we requested that the 
Petitioner submit evidence to establish whether it intended the terms of the labor certification to 
allow for an alternative to a U.S. bachelor's degree or a foreign equivalent degree and this was 
specifically expressed during the labor certification process to the Department of Labor and to 
potentially qualified U.S. workers. 
The NOID/RFE allowed the Petitioner 87 days in which to submit a response. We informed the 
Petitioner that if it did not respond to the NOID/RFE we may dismiss the appeal, pursuant to 
8 C.F.R. § 103.2(b)(l3). As of the date of this decision, the Petitioner has not responded to the 
NOID/RFE. As such, the appeal will be summarily dismissed as abandoned. 
(b)(6)
Matter of 
ORDER: The appeal is summarily- dismissed as abandoned pursuant to 8 C.F .R. § 103 .2(b )(13 ). 
Cite as Matter of ID# 11119(AA0Feb.l7,2017) 
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