sustained EB-2 Case: Accounting

(b)(6)
DATE: JUN 0 3 2015 
INRE: Petitioner: 
Beneficiary: 
FILE #: 
PETITION RECEIPT #: 
U.S. Department of Homeland Security 
U.S. Citizenship and Immigration Services 
Administrative Appeals Office 
20 Massachusetts Ave., N.W., MS 2090 
Washington, DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
PETITION: Immigrant Petition for Alien Worker as a Member of the Professions Holding an Advanced 
Degree or an Alien of Exceptional Ability Pursuant to Section 203(b )(2) of the Immigration 
and Nationality Act, 8 U.S.C. § 1153(b)(2) 
ON BEHALF OF PETITIONER: 
Enclosed is the non-precedent decision of the Administrative Appeals Office (AAO) for your case. 
Thank you, 
�� 
Ron Rosen1rerg 
Chief, Administrative Appeals Office 
REV 3/2015 www.uscis.gov 
(b)(6)
NON-PRECEDENT DECISION 
Page 2 
DISCUSSION: The preference visa petition was denied by the Director, Texas Service Center. The 
matter is now before the Administrative Appeals Office (AAO) on appeal. The director's decision 
will be withdrawn. We will sustain the appeal and the petition will be approved. 
The petitioner is a certified public accountancy. It seeks to employ the beneficiary permanently in 
the United States as a senior accountant, per section 203(b )(2) of the Immigration and Nationality Act 
(the Act), 8 U.S.C. § 1153(b)(2), which provides immigrant classification to members of the professions 
holding advanced degrees or their equivalent and whose services are sought by an employer in the 
United States. As required by statute, an ETA Form 9089, Application for Alien Employment 
Certification approved by the Department of Labor (DOL), accom panied the petition. Upon 
reviewing the petition, the director determined that the petitioner failed to demonstrate that it had the 
ability to pay the proffered wage of $72,946.00 from the priority date of December 20, 2013 
onwards. 
The director found that the petitioner was short $621.48 in establishing its ability to pay the 
proffered wage. On appeal and in response to our Notice of Intent to Dismiss (NOID), the petitioner 
has provided pay records for the beneficiary for 2013 and 2014 and an amended federal income tax 
return for 2013, with proof of filing the amended federal tax return. 
Upon review of the evidence submitted we find it more likely than not that the pe titioner has 
demonstrated its ability to pay the proffered wage from the priority date onwards. 
Thus, the appeal will be sustained and the petition will be approved. 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8 
U.S.C. § 1361. The petitioner has met that burden. 
ORDER: The appeal is sustained. The petition is approved.