sustained
EB-3
sustained EB-3 Case: Hospitality
Decision Summary
The Director initially denied the petition, determining that the petitioner had not demonstrated its ability to pay the beneficiary the proffered wage. Upon de novo review, the AAO found that the petitioner did establish its ability to pay the wage from the priority date onward, leading to the appeal being sustained.
Criteria Discussed
Ability To Pay Proffered Wage
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U.S. Citizenship and Immigration Services MATTER OF SNSH-0-V-, LLC APPEAL OF TEXAS SERVICE CENTER DECISION Non-Precedent Decision of the Administrative Appeals Office DATE: DEC. 30,2016 PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER The Petitioner, a hospitality management, operations and development business, seeks to employ the Beneficiary as a bookkeeper. It requests classification of the Beneficiary as a skilled worker under the third preference immigrant classification. See 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 2 years of training or experience. The Director, Texas Service Center, denied the petition. The Director determined that the Petitioner had not demonstrated its ability to pay the Beneficiary the proffered wage pursuant to 8 C.F.R. § 204.5(g)(2). The matter is now before us on appeal. Upon de novo review, we will sustain the appeal. After reviewing the record in this matter, including materials submitted on appeal, we. find that the ·Petitioner has demonstrated its ability to pay the . proffered wage from the priority date onward. Accordingly, the Director's denial of the petition will be withdrawn, and the petition will be approved under section 203(b)(3)(A)(i) ofthe Act. In visa petition proceedings, the burden of establishing eligibility for the benefit sought remains with the petitioner. Section 291 of the Act, 8 U.S.C. § 1361; Matter ofOtiende, 26 I&N 127, 128 (BIA 2013). Here, that burden has been met. ORDER: The appeal is sustained. Cite as Matter ofSNSH-0-V-, LLC, ID# 10465 (AAO Dec. 30, 2016)
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