sustained EB-1C Case: Entertainment Media

MATTER OF Z-A-
APPEAL OF TEXAS SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: SEPT. 13, 2018 
PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, an entertainment media company, sought to permanently employ the Beneficiary as 
joint chief executive officer and chief creative officer under the first preference immigrant 
classification for multinational executives or managers. Immigration and Nationality Act (the Act) 
section 203(b)(l)(C), 8 U.S.C. § 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 record did not 
establish, as required, that the Petitioner had the ability to pay the Beneficiary's proffered wage. In 
addition, the Director determined that a Form 1-485, Supplement J, Confirmation of Bona Fide Job 
Offer or Request for Job Portability Under INA Section 204(i) and additional supporting evidence 
submitted by the Petitioner after filing the petition constituted a material change requiring its denial. 
On appeal, the Petitioner asserts that it provided sufficient evidence to demonstrate that it had paid 
the Beneficiary's wages; and therefore, had established the ability to pay him as of the date the 
petition was filed. Further, the Petitioner contends that its submittal of a Form 1-485, Supplement J 
and a new position for the Beneficiary does not constitute a material change to his position, but a 
valid port request consistent with Section 2040) of the Act. 
Upon de novo review, we conclude that the record contains sufficient evidence to overcome the 
Director's denial. 
In determining a petitioner's ability to pay a proffered wage, we first examine whether the petitioner 
employed the beneficiary at the time the priority date was established. If a petitioner establishes by 
documentary evidence that it employed the beneficiary at a salary equal to or greater than the 
proffered wage, this evidence will be considered prima facie proof of a petitioner's ability to pay a 
beneficiary's salary. The Petitioner submitted documentary evidence that it paid the Beneficiary's 
proffered wage of $420,000 for more than one year prior to the date the petition was filed. For this 
reason, we conclude that the Petitioner submitted sufficient evidence to establish that it had the 
ability to pay the Beneficiary's wage as of the date the petition was filed. 
.
Matter ofZ-A-
Furthermore, we conclude that the Director should not have denied the Form I-140 based on a 
material change as the petition was approvable as of the date it was filed.1 The submittal of a Form 
I-485, Supplement J to port him to another position after awaiting adjudication for more than 180 
days did not represent a material change requiring a denial of the instant petition. 
ORDER: The appeal is sustained. 
Cite as Matter ofZ-A-, ID# 1143170 (AAO Sept. 13, 2018) 
1 USCIS Memorandum from Interim guidance for processing 1-140 employment-based immigration 
petitions and 1-485 and H-1 B petitions affected by the American Competitiveness in the Twenty-First Century Act of 
2000 (AC2 l) (Public Law I 06-3 13) (Dec. 27, 2005) at 2. 
2