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SustainedEB-2 · Appeal

Network planner

Other / unclear · decided 2016-02-18 · TSC · FEB182016_01B5203

Official PDF on uscis.gov

Decided under the old NYSDOT test, replaced by Matter of Dhanasar on Dec 27, 2016. Useful for background only.

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.

The decision in brief

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

What the AAO decided

  • The appeal will be sustained. See in text
  • We consider all pertinent evidence of record, including new evidence properly submitted on appeal. 2 Upon review of the entire record, including evidence submitted on appeal, we will withdraw the Director's decision, sustain the appeal, and reinstate the petition's approval. See in text
  • ORDER: The appeal is sustained. See in text
Read the full decision (2 pages)

Objections found (0)

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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 (3)Matter of X citation
    Decision header
    U.S. Citizenship and Immigration Services · MATTER OF S-N- CORP. · APPEAL OF TEXAS SERVICE CENTER DECISION · Non-Precedent Decision of the Administrative Appeals Office · DATE: FEB. 18,2016 · PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER

    The Petitioner, a telecommunications company, sought to permanently employ the Beneficiary as a network planner under the immigrant classification of member of the professions holding an advanced degree.1 See Immigration and Nationality Act (the Act)§ 203(b)(2)(A), 8 U.S.C. § 1153(b)(2)(A). After approving the petition on June 28, 2007, the Director, Texas Service Center, revoked the petition's approval on January 28, 2015. The matter is now before us on appeal. The appeal will be sustained.

    U.S. Citizenship and Immigration Services (USCIS) may revoke a petition's approval "at any time" for "good and sufficient cause." INA § 205, 8 U.S.C. § 1155. If supported by the record, a director's realization that he or she erroneously approved a petition may justify revocation. Matter of Ho, 19 I&N Dec. 582, 590 (BIA 1988).

    The Director concluded that he erroneously approved the instant petition. He determined that a valid labor certification did not accompany the petition based on a successor-in-interest issue. See Matter ofDic:d Auto Repair Shop, Inc., 19 I&N Dec. 481,482-83 (Comm'r 1986). Accordingly, he revoked the petition's approval.

    The record shows that the appeal is properly filed and alleges specific errors of law. The record documents the case's procedural history, which is incorporated into the decision.

    We conduct appellate review on a de novo basis. We consider all pertinent evidence of record, including new evidence properly submitted on appeal. 2 Upon review of the entire record, including evidence submitted on appeal, we will withdraw the Director's decision, sustain the appeal, and reinstate the petition's approval.

    The record indicates the Petitioner's change of name in 2013 after its merger with another company. 2 The instructions to Form I-2908, Notice of Appeal or Motion, which are incorporated into the regulations by 8 C.F.R. § 1 03.2(a)(l ), allow the submission of additional evidence on appeal.

    Matter of S-N- Corp.

    ORDER: The appeal is sustained.

    Cite as Matter ofS-N- Corp., ID# 13536 (AAO Feb. 18, 2016)