sustained EB-1C Case: Forensic Science

U.S. Citizenship 
and Immigration 
Services 
In Re: 13458053 
Appeal of Nebraska Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: FEB. 9, 2021 
Form 1-140, Petition for Multinational Managers or Executives 
The Petitioner, describing itself as a provider of forensic science and DNA testing services, seeks to 
permanently employ the Beneficiary as a sales director 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). 
The Director of the Nebraska Service Center denied the petition, concluding the record did not 
establish, as required, that it had the continuing ability to pay the proffered wage. On appeal, the 
Petitioner contends that the evidence it submitted establishes that it has the continuing ability to pay 
the proffered wage from the priority date onward. 
Upon de nova review, we conclude that the totality of the circumstances demonstrates that the 
Petitioner more likely than not has the continuing ability to pay the proffered wage. See 8 C.F.R. 
§ 204.5(g)(2). The Petitioner provided credible documentation demonstrating its reputation in its 
industry, its longevity and success as a forensic lab services provider in the United States, and its 
payment of substantial annual wages to its sizeable staff in the United States. See Matter of 
Sonegawa, 12 l&N Dec. 612 (Reg'l Comm'r 1967). In visa petition proceedings, it is the petitioner's 
burden to establish eligibility for the immigration benefit sought. Section 291 of the Act, 8 U.S.C. 
§ 1361. The Petitioner has met that burden. 
ORDER: The appeal is sustained .