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UnknownEB-2 · Certification

Financial analyst

Business & finance · decided 2018-02-13 · NSC · FEB132018_01B5203

Official PDF on uscis.gov

How each part of the test was decided

Read from the appeals office's own sentences by fixed rules, not from the Director's findings or the petitioner's arguments. Each result shows the sentence it came from. The official PDF controls.

  • Step 0Eligible for EB-2Not decided

    No finding on this in the appeals office's own words.

  • Prong 1Merit and national importanceNot decided

    No finding on this in the appeals office's own words.

  • Prong 2Well positioned to advance itNot decided

    No finding on this in the appeals office's own words.

  • Prong 3Worth waiving the job offerNot decided

    No finding on this in the appeals office's own words.

The decision in brief

Sentences picked out of the text automatically. Read them in context below; the official PDF controls.

Summary sentence

In his decision certifying the matter to us, the Director determined that the Beneficiary did not meet the requirements of the labor certification as orthe priority date. See in text

What the AAO decided

  • On appeaL we remanded the matter to the Director and instructed the Director to It See in text
  • ORDER: The approval of the petition is revoked. See in text
Read the full decision (2 pages)

Objections found (0)

Automated tags. Each shows the sentence that triggered it.

No catalog objection was detected in the analysis section.

    Full decision

    OCR text from the official PDF, reformatted for reading. Scan errors carry over; the PDF controls.

    Highlighted: Outcome (2)Matter of X citation
    Decision header
    U.S. Citizenship and Immigration Services · MATTER OF JB-J- LLC · Non-Precedent Decision of the Administrative Appeals Office · DATE: FEB. 13. 2018 CERTIFICATION OF NEBRASKA SERVICE CENTER DECISION · PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER

    The Petitioner, a jewelry company, sought to employ the Beneficiary as a financial analyst. requested classification of the Beneficiary as a member of the professions holding an advanced degree under the second preference immigrant classification. Immigration and Nationality Act (the Act) section 203(b)(2), 8 U.S.C. ~ 1153(b)(2). This employment-based immigrant classification allows a U.S. employer to sponsor a professional with an advanced degree for lawful permanent resident status.

    The Director of the Nebraska Service Center initially approved the petition, but later revoked the 2 petition's approval. certify his decision to us if it was adverse. In his decision certifying the matter to us, the Director determined that the Beneficiary did not meet the requirements of the labor certification as orthe priority date. Specifically. the Director found that the Beneficiary's three-year bachelor of commerce degree from the in India, and his membership in the did not constitute the foreign equivalent of a U.S. bachelor's degree. which was required by the labor certification. On certification, the Petitioner submits no additional evidence or arguments.

    Upon review, we tind that the Director's decision is correct because the record does not demonstrate that the Beneficiary has the education required by the terms ofthe labor certification. Therefore, we will not disturb the Director's decision dated September 14, 2017.

    The Petitioner's Articles of Organization were cancelled in California on December I. 2014. Cal. Sec·y of State. Business Search. https://businesssearch.sos.ca.gov/ (last visited Feb. 2, 20 18). 2 After granting a petition, U.S. Citizenship and Immigration Services may revoke the petition's approval ·'at any time·· for ·'good and sufficient cause.'" Section 205 of the Act, 8 U.S.C. § 11 55. If supported by the record, a director"s realization that a petition was erroneously approved may justify revocation. Matter o/Ho, 19 I&N Dec. 582. 590 (131A 1988). Good and sufficient cause exists to issue a NOIR where the record at the time of the notice·s issuance. if unexplained or unrebutted, would have warranted the petition's denial. Matter 1?(Estime. 19 I&N Dec. 450, 451(BIA 1987). Similarly, revocation is proper if the record at the time of the decision. including any explanation or rebuttal evidence provided by a petitioner, warranted a petition's denial. !d. at 452.

    On appeaL we remanded the matter to the Director and instructed the Director to It

    Matter of.JB-.1- LLC

    ORDER: The approval of the petition is revoked.

    Cite as Matter ofJB-.1- LLC. ID# 994013 (AAO Feb. 13, 2018)