sustained EB-3 Case: Information Technology Consulting

MATTER OF R-B-, LLC 
APPEAL OF TEXAS SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: AUG. 20, 2018 
PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a provider of information technology consulting services, seeks to employ the 
Beneficiary as a consultant. It requests her classification under the third-preference, immigrant 
category as a professional. Immigration and Nationality Act (the Act) section 203(b)(3)(A)(ii), 
8 U.S.C. § 1153(b)(3)(A)(ii). This employment-based, "EB-3" category allows a U.S. business to 
sponsor a foreign national for lawful permanent resident status to work in a position requiring at 
least a bachelor's degree. 
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not 
demonstrate its required ability to pay the proffered wage from the petition's priority date onward.1 
As of the Director's decision, required evidence of the Petitioner's ability to pay during the year of 
the priority date was not yet available. See 8 C.F.R. § 204.5(g)(2) (requiring evidence of ability to 
pay to include copies of annual reports, federal income tax returns, or audited financial statements). 
The Director based his decision on evidence of the Petitioner's finances during the prior year. 
On appeal, the Petitioner submits required evidence for the year of the petition's priority date, 
demonstrating its ability to pay the proffered wage from that date forward. We will therefore 
withdraw the Director's contrary decision. 
ORDER: The appeal is sustained. 
Cite as Matter of R-B-, LLC, ID# 1561708 (AAO Aug. 20, 2018) 
1 This petition's priority date is June 30, 2017, the date the U.S. Department of Labor accepted the accompanying labor 
certification application for processing. See 8 C.F.R. § 204.5(d) (explaining how to determine a petition's priority date).