sustained EB-3 Case: Dry Cleaning

U.S. Citizenship 
and Immigration 
Services 
MArh::R OF K-A-H~C-C- CORP 
Non-Precedent Decision of the 
Administrative Apr~als Office 
DATE: APR. 13,2018 
MOTION ON ADMINISTRATIVE APPEALS OFFICE DECISION 
PETITION: FORM l-140, IMMIGRANT PETITION FOR ALlEN WORKER 
The Petitioner, a dry cleaning business, seeks to employ the Beneficiary as a dry cleaner presser. 1t 
requests classification of the -Beneficiary as an unskilled worker under the third preference 
immigrant classification. Immigration and Nationality Act (the Act) section 203(b)(3)(A)(iii), 
8 U.S.C. § 1153(b)(3)(A)(iii). 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 less than two years of training or experience. 
The Director of the Nebraska Service Center denied the petition because the Petitioner did not 
establish that it had the continuing ability to pay the proffered wage ti·mn the priority date. We 
dismissed a subsequent appeal. On motion, 1 the Petitioner asserts that it had sutlicient net income to 
pay the proffered wage. Upon review, we will grant the motion to reconsider and sustain the appeal. 
A petitioner must establish its continuing ability to pay the proffered wage from the priority date 
onward 2 SeeS C.F.R. § 204.5(g)(2). The Petitioner submitted audited financial statements for the 
period covering the priority date. In our decision on appeal, we noted several inconsistencies in the 
Petitioner's audited financial statements. On motion, the Petitioner submits a letter from its auditor 
resolving those inconsistencies. 
Aller review of the record, including additional materials submitted on motion, we lind that the 
Petitioner has shown proper cause for us to reconsider our prior decision and has established that it 
has the continuing ability to pay the proffered wage from the priority date. Accordingly, we will grant 
the motion to reconsider and sustain the appeal. 
ORDER: The motion to reconsider is granted and the appeal is sustained. 
Cite as Matter ofK-A-H-C-C- Corp,ID# 1054411 (AAO Apr. 13, 2018) 
1 
The Petitioner filed a combined motion to reopen and motion to reconsider. Because we are granting the motion to 
reconsider. the motion to reopen is mOot. 
2 The priority date of a petition is the date the labor certification was accepted for processing by the DOL. See 8 C.F.R. 
~ 204.5(d). The priority date in this case is Novelnber 3, 2015, and the alTered wage is $16,869 per year.