sustained EB-3 Case: Healthcare

U.S. Citizenship 
and Immigration 
Services 
MATTER OF C-F- V ·I-I·S· 
APPEAL OF TEXAS SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: MAY 25, 2018 
PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a healthcare system, seeks to employ the Beneficiary as a registered nurse. 
1 
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 Acting Director of the Texas Service Center denied the petition, concluding that the record did 
not establish, as required, that the Petitioner had the continuing ability to pay the proffered wage, 
because its audited financial statements did not show sufficient net income or net current assets to 
pay the combined proffered wages of all of the beneficiaries of its applicable Forms 1-140, Immigrant 
Petition for Alien Worker 2 
On appeal, the Petitioner submits additional evidence and asserts that "the Service made a 
fundamental mistake when it read the Petitioner's financial statements. The Service failed to 
account for the fact that the Petitioner's financial statements are 'in thousands'." Upon de novo 
review, we will sustain the appeal. 
The audited financial statements demonstrate the Petitioner's continuing ability to pay the combined 
wages of all of its applicable Form 1-140 beneficiaries pursuant to 8 C.F.R. § 204.5(g)(2). The 
record otherwise establishes the eligibility of the Petitioner and the Beneficiary lor the requested 
benefit. 
1 A Schedule A occupation is an occupation codified at 20 C.F.R. § 656.5(a) for which the U.S. Department of Labor has 
detennined that there are not sufficient U.S. workers who are able, willing, qualified and available and that the wages 
and working conditions of similarly employed U.S. workers will not be adversely affected by the employment of foreign 
nationals in such occupations. The current list of Schedule A occupations includes professional nurses. /d. 
2 
Where a petitioner has filed Fonn 1-140 petitions for multiple beneficiaries, it must demonstrate that its job offer to each 
beneficiary is realistic. and that it has the ability to pay the proffered wage to each beneficiary. See 8 C.F.R. § 204.5(g)(2); 
see also Patel v. Johnson, 2 F. Supp. 3d I 08, 124 (D. Mass. 20 14). 
Mauer ofC-F- V-H-S-
ORDER: The appeal is sustained. 
Cite as Maller o{C-F-V-H-S-, ID# 1335012 (AAO May 25, 2018) 
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