sustained EB-3 Case: It Services

U.S. Citizenship 
and Immigration 
Services 
In Re: 10979969 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Skilled Worker 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : DEC . 21, 2020 
The Petitioner, a provider of IT services, seeks to employ the Beneficiary as an associate software 
architect - TIS (Tech. & Infra. Svcs). It requests his classification under the third-preference, 
immigrant category as a skilled worker. Immigration and Nationality Act (the Act) section 
203(b)(3)(A)(i), 8 U.S.C. § 1153(b)(3)(A)(i). This employment-based, "EB-3" category allows a U.S. 
business to sponsor a foreign national for lawful permanent resident status based on a job offer 
requiring at least two years of training or experience. 
The Director of the Texas Service Center denied the petition, concluding that the offered position was 
ineligible for classification as a skilled worker based on the Director's reading of the terms of the labor 
certification. 
In these proceedings , it is the Petitioner's burden to establish eligibility for the requested benefit. 
Section 291 of the Act, 8 U.S.C. § 1361. Upon de nova review, we will sustain the appeal. 
Employment-based immigration generally follows a three-step process . First, an employer obtains an 
approved labor certification from the U.S. Department of Labor (DOL). 1 See section 212(a)(5) of the 
Act, 8 U.S.C. § 1182(a)(5). By approving the labor certification, the DOL certifies that there are 
insufficient U.S. workers who are able, willing, qualified, and available for the offered position and that 
employing a foreign national in the position will not adversely affect the wages and working conditions 
of domestic workers similarly employed. See section 212(a)(5)(A) of the Act. Second, the employer 
files an immigrant visa petition with U.S. Citizenship and Immigration Services (USCIS). See section 
204 of the Act, 8 U.S.C. § 1154. Third, if USCIS approves the petition, the foreign national applies 
for an immigrant visa abroad or, if eligible, adjustment of status in the United States. See section 245 
of the Act, 8 U.S.C. § 1255. 
Upon review of the entire record including the evidence submitted on appeal confirming the 
experience requirements, we conclude that the Petitioner has established that the offered position 
meets the requirements for classification as a skilled worker and that the Beneficiary possesses the 
employment experience required on the labor certification . The Beneficiary may be classified as a 
1 The priority date of a petition is the date the DOL accepted the labor certification for processing . See section 8 C.F.R. 
§ 204.5(d). 
skilled worker. Accordingly, the appeal is sustained, and the petition is approved under section 
203(b)(3)(A)(i) of the Act, 8 U.S.C. § l 153(b)(3)(A)(i). 
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. 
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