dismissed EB-3 Case: Business Management

U.S. Citizenship 
and Immigration 
Services 
MATTER OF P-P-E- CORP 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: DEC. 27, 2018 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a plastic extrusions company, seeks to employ the Beneficiary as a business 
management analyst. It requests classification of the Beneficiary as a professional under the third 
preference immigrant classification. Immigration and Nationality Act (the Act), 
section 203(b)(3)(A)(ii), 8 U.S.C. § 1153(b)(3)(A)(ii). This employment-based immigrant 
classification allows a U.S. employer to sponsor a professional with a baccalaureate degree for 
lawful permanent resident status. 
The Director of the Nebraska Service Center denied the petition, concluding that the record did not 
establish, as required, that Beneficiary possessed the special skills required by the labor certification 
as of the priority date. 
On appeal, the Petitioner submits additional evidence and asserts that the Beneficiary's college 
studies, senior project, and prior employment as a financial administrator provided him with the 
required special skills. 
Upon de novo review, we will dismiss the appeal. 
I. THE EMPLOYMENT-BASED IMMIGRATION PROCESS 
Employment-based immigration generally follows a three-step process. First, an employer obtains 
an approved labor certification from the U.S. Department of Labor (DOL). 1 See section 
212(a)(5)(A)(i) of the Act, 8 U.S.C. § 1182(a)(5)(A)(i). By approving the labor certification, the DOL 
certifies that there are insufficient U.S. workers who are able, willing, qualified,, and available for the 
offered position and that employing a foreign national in the position will not adversely affect the wages 
and working conditions of domestic workers similarly employed. See section 212(a)(5)(A)(i)(I)-(II) of 
the Act. Second, the employer files an immigrant visa petition with U.S. Citizenship and 
Immigration Services (USCIS). See section 204 of the Act, 8 U.S.C. § 1154. Third, if USCIS 
1 The priority date of a petition is the date the DOL accepted the labor certification for processing, which in this case is 
June 20, 2017. See 8 C.F.R. § 204.S(d). 
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Matter of P-P-E- Corp 
approves the petition, the foreign national applies for an immigrant visa abroad or, if eligible, 
adjustment of status in the United States. See section 245 of the Act, 8 U.S.C. § 1255. 
II. THE BENEFICIARY'S EXPERIENCE 
The Director denied the petition because the Petitioner did not establish that the Beneficiary 
possessed the special skills required by the labor certification as of the priority date. 
A beneficiary must meet all of the requirements of the offered position set forth on the labor 
certification by the priority date of the petition. 8 C.F.R. § 103.2(b)(l), (12); Matter of Wing's Tea 
House, 16 l&N Dec. 158, 159 (Acting Reg'l Comm'r 1977). In this case, the labor certification 
requires a bachelor's degree in business administration and 12 months of experience in the job 
offered. At Part H.14., the labor certification states the following special skills requirements: 
"Requires relevant curriculum orientation in economics, marketing, finance, accounting, and 
utilization of technology resources, including financial & managerial accounting and project 
management/systems analysis. Minimum of one year experience in leadership position in finance 
department of materials utilization company." 
The labor certification also states that the Beneficiary qualifies for the offered position based on 
experience as a financial administrator with _______ m 
Illinois, from April 1, 2007, to February 1, 2009. 
Evidence relating to qualifying experience must be in the form of a letter from a current or former 
employer and must include the name, address, and title of the writer, and a specific description of the 
duties performed by the beneficiary. See 8 C.F.R. § 204.5(1)(3). 
The record contains an experience letter dated August 1, 2016, from , HR Manager at 
, stating that the Beneficiary "was hired in March 2004 as a Billing 
Administrator. .. [the Beneficiary] also held other jobs throughout his tenure. When he left in 
February 2009 he was a Financial Administrator. He served as a Financial Administrator for close 
to 2 years." 
In a request for evidence, the Director requested evidence verifying that the Beneficiary had the 
special skills listed at Part H.14. of the labor certification. In its response, the Petitioner submitted 
the Beneficiary's college transcripts, a copy of the August 1, 2016, letter from 
and a certificate issued to the Beneficiary by ____ of 
Technology for his contributions to a senior project in 2002. 
In his decision , the Director determined that the evidence did not establish that the Beneficiary 
possessed the special skills required by the labor certification . The Director also noted that the 
record did not contain a copy of the Beneficiary's college diploma . 
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Matter of P-P-E- Corp 
On appeal, the Petitioner provides a copy of the Beneficiary's Bachelor of Science in Business 
Administration issued by in October 2003, and evidence relating to the 
Beneficiary's senior project at The Petitioner asserts that the Beneficiary's college courses 
and senior project provided him with the "relevant curriculum orientation in economics, marketing , 
finance, accounting , and utilization of technology resources, including financial & managerial 
accounting and project management /systems analysis " required by the labor certification . We 
agree. However , the record does not establish that the Beneficiary had a minimum of one year 
experience in a leadership position in a finance department of a materials utilization company as 
required by Part H.14. of the labor certification. 
On appeal, the Petitioner states that the August 1, 2016, letter from 
clearly confirms that his position was a leadership position. It cites Webster ' s Dictionary and claims 
that an administrator "would be directing the various activities encompassed within the department 
for which they are the administrator. " Thus, the Petitioner concludes that the Beneficiary was in a 
leadership position within the finance department. We disagree . The letter from 
confirms that the Beneficiar y served as a financial administrator 
for close to two years, but it does not list any duties of the Beneficiary as a financial administrator. 
It does not indicate that the Beneficiary was in a leadership position within the finance department. 
It also does not indicate that is a materials utilization company. 
The record contains no other evidence relating to the Beneficiary's prior employment in a finance 
department of a materials utilization company. Thus, the Petitioner has not established that the 
Beneficiary had a minimum of one year experience in a leadership position in a finance department 
of a materials utilization company as required by Part H.14. of the labor certification. 
Further , although not addressed by the Director , the record does not establish that the Beneficiary 
had 12 months of experience in the job offered of business management analyst. The letter from 
confirms that the Beneficiary worked as a billing administrator for 
an unknown amount of time, and as a financial administrator for close to two years. However , it 
does not indicate that the Beneficiary worked as a business management analyst for at least 12 
months. The letter does not specifically describe the Beneficiary ' s duties at 
as required by 8 C.F.R. § 204.5(1)(3). Thus , the Petitioner has not established that the 
Beneficiary meets the primar y experience requirement of the labor certification with 12 months of 
experience as business management analyst. 
In sum, the Petitioner has not established that the Beneficiary possessed the special skills and 
experience required by the labor certification as of the priority date. 
III. ABILITY TO PAY THE PROFFERED WAGE 
Although not addressed by the Director , the record does not establish the Petitioner 's continuing 
ability to pay the proffered wage from the priority date. The proffered wage is $64,000 per year. 
The record must show the Petitioner's ability to pay the proffered wage from the priority date of 
June 20, 2017 , onward. 
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Matter of P-P-E- Corp 
The regulation at 8 C.F.R. § 204.5(g)(2) states in pertinent part: 
Ability of prospective employer to pay wage. Any petition filed by or for an 
employment-based immigrant which requires an offer of employment must be 
accompanied by evidence that the prospective United States employer has the ability 
to pay the proffered wage. The petitioner must demonstrate this ability at the time the 
priority date is established and continuing until the beneficiary obtains lawful 
permanent residence. Evidence of this ability shall be either in the form of copies of 
annual reports, federal tax returns, or audited financial statements. 
The record does not contain an annual report, federal tax return, or audited financial statements for 
the Petitioner as of the priority date in 2017 as required by 8 C.F.R. § 204.5(g)(2).2 Thus, the 
Petitioner has not established its continuing ability to pay the proffered wage from the petition's 
priority date onward. 
IV. CONCLUSION 
The Petitioner has not established that the Beneficiary possessed the special skills and experience 
required by the labor certification as of the priority date. The Petitioner has not established its 
continuing ability to pay the proffered wage from the priority date. 
ORDER: The appeal is dismissed. 
Cite as Matter of P-P-E- Corp, ID# 2226492 (AAO Dec. 27, 2018) 
2 The record contains the Petitioner's federal income tax return for calendar year 2016. 
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