sustained
EB-1C
sustained EB-1C Case: Corporate Services
Decision Summary
The initial petition was denied because the Director found the petitioner did not establish its ability to pay the beneficiary's proffered wage, as required financial documents were not provided. On appeal, the petitioner submitted its corporate tax return and wage documents, which successfully demonstrated its ability to pay, leading to the appeal being sustained.
Criteria Discussed
Ability To Pay Proffered Wage
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MATTER OF T -C-S-, INC. APPEAL OF TEXAS SERVICE CENTER DECISION Non-Precedent Decision of the Administrative Appeals Office DATE: AUG. 31,2017 PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER The Petitioner, a provider of corporate, trust, and fund services, seeks to permanently employ the Beneficiary as its senior vice president under the first preference immigrant classification for multinational executives or managers. See Immigration and Nationality Act section 203(b)(l)(C), 8 U.S.C. ยง 1153(b)(l)(C). This classification allows a U.S. employer to permanently transfer a qualified foreign employee to the United States to work in an executive or managerial capacity. The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish, as required by regulation, that it has the ability to pay the Beneficiary's proffered wage. Specifically, the Director noted that the Petitioner did not provide a copy of its latest federal tax return, audited financial statements, or annual report. See 8 C.F.R. ยง 204.5(g)(2). On appeal, the Petitioner submits a legal brief~ along with a copy of its 2015 corporate tax return and the Beneficiary's 2015 and 2016 wage documents, establishing that it has continuously maintained the ability to pay the Beneficiary's proffered wage since the date it filed the petition. Upon de novo review, we find that the Petitioner has now provided sufficient evidence to overcome the sole basis for denial. Therefore, we will withdraw the Director's decision and sustain the appeal. ORDER: The appeal is sustained. Cite as Matter ofT-C-S-, Inc., ID# 572367 (AAO Aug. 31, 20 17)
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