sustained EB-3 Case: Advertising

MATTER OF H-G-CORP. 
APPEAL OF TEXAS SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: AUG. 2, 2018 
PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, an advertising agency, seeks to employ the Beneficiary as a digital creative 
development manager. It requests classification of the Beneficiary as a skilled worker under the 
third preference immigrant classification. Immigration and Nationality Act (the Act) 
section 203(b)(3)(A)(i), 8 U.S.C. § 1153(b)(3)(A)(i). This employment-based immigrant 
classification allows a U.S. employer to sponsor a foreign national for lawful permanent resident 
status to work in a position that requires at least two years of training or experience. 
The Director of the Texas Service Center denied the petition, concluding that the record did not 
contain a valid prevailing wage determination (PWD) to support the labor certification for the 
offered job. See 20 C.F.R. § 656.40. Specifically, the Director noted that the Petitioner submitted a 
PWD with a different tracking number, standard occupational classification code, and prevailing 
wage amount than those reflected on the labor certification. 
On appeal, the Petitioner submits a valid PWD to support the labor certification. The record 
otherwise establishes the eligibility of the Petitioner and the Beneficiary for the requested benefit. 
Upon de novo review, we will sustain the appeal. 
ORDER: The appeal is sustained. 
Cite as Matter ofH-G- Corp., ID# 1608350 (AAO Aug. 2, 2018)