sustained EB-3 Case: Engineering

U.S. Citizenship 
and Immigration 
Services 
MATTER OF A-USA INC. 
APPEAL OF TEXAS SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: SEPT. 18, 2019 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a provider of engineering consulting services , seeks to employ the Beneficiary as a 
project manager. It requests his classification under the third-preference immigrant category as a 
professional. Immigration and Nationality Act (the Act) section 203(b)(3)(A)(ii) , 8 U.S.C. 
§ l 153(b)(3)(A)(ii). This employment -based, "EB-3" category allows a U.S. business to sponsor a 
foreign national for lawful permanent resident status to work in a job requiring at least a bachelor's 
degree . 
The Director of the Texas Service Center denied the petition . Finding that the Petitioner concealed 
the Beneficiary's role as an officer of the corporation on the accompanying certification from the 
U.S . Department of Labor , the Director concluded that the Petitioner did not demonstrate eligibility 
for the benefit sought. On appeal, the Petitioner argues that the Beneficiary never served it as a 
corporate officer and that the record establishes its eligibility . 
Upon de nova review, we find that the Petitioner sufficiently responded to the Director's concerns 
and demonstrated, by the submission of independent, objective evidence that the Beneficiary did not 
serve as a corporate officer. See Matter of Ho, 19 I&N Dec. 582, 591 (BIA 1988) (requiring a 
petitioner to resolve inconsistencies of record by independent, objective evidence). A petitioner 
bears the burden of establishing eligibility for a requested benefit. Section 291 of the Act, 8 U.S.C. 
§ 1361. Here, a preponderance of evidence establishes that the Petitioner has met that burden. 
ORDER: The appeal is sustained. 
Cite as Matter of A-USA Inc., ID# 5108167 (AAO Sept. 18, 2019)