sustained EB-3 Case: Software Engineering

U.S. Citizenship 
and Immigration 
Services 
MATTER OF W-D-T-, INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: OCT. 26,2016 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM I -140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a provider of information storage products, seeks to permanently employ the 
Beneficiary as a software engineer VM (virtual management). It requests classification of the 
Beneficiary as a professional worker under the third preference immigrant classification. See 
Immigration and Nationality Act (the Act) section 203(b)(3)(A)(ii), 8 U.S.C. 1153(b)(3)(A). This 
category allows a U.S. employer to sponsor a professional with a bachelor's degree for lawful 
permanent resident status. 
On November 24, 2015, the Director, Nebraska Service Center, denied the petition. The Director 
concluded that a valid ETA Form 9089, Application for Permanent Employment Certification (labor 
certification), approved by the U.S. Department of Labor, did not accompany the petition, as the 
Petitioner did not establish a valid "successor-in-interest" relationship to the employer stated on the 
labor certification. 
The matter is now before us on appeal. The Petitioner asserts that it is a successor of its predecessor, 
which in turn was a successor of the company that filed the labor certification. Upon de novo 
review, we will sustain the appeal. 
Including materials submitted in response to our notices of intent to dismiss of June 1, 2016 and July 
20, 2016, a preponderance of the evidence establishes the Petitioner and its predecessor as 
successors in interest of the labor certification employer. See Matter of Dial Auto Repair Shop, Inc., 
19 I&N Dec. 480 (Comm'r 1986) (describing the conditions under which a petitioner other than a 
labor certification employer may use a labor certification). The record therefore demonstrates the 
validity of the accompanying labor certification for the job opportunity. 
The record establishes the validity of the accompanying labor certification and otherwise establishes 
the eligibility for the requested benefit. We will therefore sustain the appeal. 
ORDER: The appeal is sustained. 
Cite as Matter ofW-D-T-, Inc., ID# 81648 (AAO Oct. 26, 2016)