sustained EB-3 Case: Information Technology

MATTER OF I-C-C-, LLC 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: OCT. 18,2016 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, an information technology consulting business, seeks to employ the Beneficiary 
permanently in the United States as a consultant (programmer). It requests classification of the 
Beneficiary as a skilled worker under the third preference immigrant classification. See Immigration 
and Nationality Act (the Act) § 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 
expenence. 
The Director, Nebraska Service Center, denied the petition. The Director determined that the 
Petitioner had not demonstrated that it was a valid successor-in-interest to the business that had filed 
the labor certification approved by the U.S. Department of Labor (DOL). The Director also 
determined that the record did not demonstrate that the Petitioner and its purported successor had the 
ability to pay the Beneficiary the proffered wage from the priority date forward. 
The matter is now before us on appeal. Upon de novo review, we will sustain the appeal. 
A labor certification is valid only for the particular job opportunity stated on the application form. 
20 C.F .R. § 656.30( c). Where a petitioner is not the employer that filed the labor certification 
application, it must establish that it is a successor-in-interest to that entity. To establish a valid 
successor relationship for immigration purposes, a petitioner must satisfy three conditions. First, a 
successor must fully describe and document the transaction transferring ownership of all, or a 
relevant part of the predecessor employer. Second, the petitioning successor must demonstrate that 
the job opportunity is the same as that originally offered on the labor certification. Third, it must 
prove by a preponderance of evidence that it is eligible for the immigrant visa in all respects. Matter 
of Dial Auto Repair Shop, Inc., 19 I&N Dec. 481 (Comm'r 1986). 
In order to establish eligibility for the immigrant visa in all respects; a petitioner must support its 
claim with all necessary evidence, including evidence of ability to pay. A petitioning successor must 
prove its predecessor's ability to pay the proffered wage a~ of the priority date and until the date of 
transfer of ownership to the successor. In addition, the successor must establish its ability to pay the 
proffered wage from the date of transfer of ownership for:ward. 8 C.P.R. § 204.5(g)(2); see also 
Matter of Dial Auto, 19 I&N Dec. at 482. · ,, 
Matter of 1-C-C-, LLC 
Upon review of the entire record, in~luding the evidence submitted on appeal and in response to the 
AAO's requests for evidence, the Petitioner has demonstrated that it is more likely than not that it is a 
successor-in-interest to the business that filed the labor certification, and that it and its predecessor had 
the ability to pay the Beneficiary the proffered wage from the priority date onward. Accordingly, the 
appeal will be sustained and the Director's denial of the petition will be withdrawn. The petition is 
approved under section 203(b)(3)(A)(i) ofthe Act. 
ORDER: The appeal is sustained. 
Cite as Matter of 1-C-C-, LLC, ID# 78045 (AAO Oct. 18, 20 16) 
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