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DismissedEB-2 · Appeal

Staffing and recruitment business

Business & finance · decided 2016-07-19 · NSC · JUL192016_02B5203

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

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Summary sentence

The Director determined that the Petitioner had not established that the Beneficiary met the required qualifications stated on the labor certification for classification as an advanced degree professional under section 203(b )(2) of the Act. See in text

What the AAO decided

Read the full decision (1 page)

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 (1)Matter of X citation
    Decision header
    U.S. Citizenship and Immigration Services · MATTER OF RNS-, INC. · Non-Precedent Decision of the Administrative Appeals Office · DATE: JULY19,2016 · APPEAL OF NEBRASKA SERVICE CENTER DECISION · PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER

    The Petitioner, a staffing and recruitment business, seeks to employ the Beneficiary as a physical therapist. It requests classification of the Beneficiary as a member of the professions holding an advanced degree under the second preference immigrant classification. See 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, Nebraska Service Center, denied the petitiOn. The Director determined that the Petitioner had not established that the Beneficiary met the required qualifications stated on the labor certification for classification as an advanced degree professional under section 203(b )(2) of the Act. The Director also concluded that the Petitioner had not established: (I) that the position otTered constituted a bona fide job offer of permanent employment; (2) whether the position offered was a supervisory position over other employees; (3) and whether the Petitioner met the necessary requirements for Schedule A classification, a classification in which the Petitioner does not have to undertake a test of the labor market with the U.S. Department of Labor prior to filing the petition. The Petitioner filed the appeal on October I, 2015, and indicated that a brief would be filed within 30 days. As of this date, more than 9 months later, we have received nothing further. The regulation requires that any brief shall be submitted directly to us. 8 C.F.R. §§ 103.3(a)(2)(vii) and (viii). As stated in 8 C.F.R. § 103.3(a)(l)(v), an appeal shall be summarily dismissed if the party concerned tails to identify specifically any erroneous conclusion of law or statement of tact for the appeal. Counsel here has not specifically addressed the reasons stated for denial on the Form I-290B, Notice of Appeal or Motion. The Petitioner has not submitted a brief or provided a statement or any additional evidence. The Petitioner has not even expressed disagreement with the Director's decision. The appeal must therefore be summarily dismissed.

    ORDER: . The appeal is summarily dismissed pursuant to 8 C.F.R. § 103.3(a)(l)(v).

    Cite as Matter of RNS-, Inc., 10# 17027 (AAO July 19, 2016)