sustained EB-3 Case: Food Production

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: NOV. 14, 2023 In Re: 28623923 
Appeal of Nebraska Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (Other Worker) 
The Petitioner, a food production company, seeks to employ the Beneficiary as a production worker. 
It requests classification of the Beneficiary as an unskilled worker under the third preference 
immigrant classification. See 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 noncitizen 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 after determining that the Petitioner 
did not establish its continuing ability to pay the proffered wage from the priority date onward. 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. The matter is now before us on appeal. 
8 C.F.R. § 103.3. 
The Petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence. 
Matter ofChawathe, 25 I&N Dec. 369, 375-76 (AAO 2010). We review the questions in this matter 
de novo. Matter of Christo 's, Inc., 26 l&N Dec. 537, 537 n.2 (AAO 2015). Upon de novo review, 
we will sustain the appeal. 
Based on the totality of the circumstances, we conclude 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). See also Matter of 
Sonegawa, 12 I&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. The Petitioner has met that burden. 
ORDER: The appeal is sustained.