sustained EB-3 Case: Insurance

U.S. Citizenship 
and Immigration 
Services 
MATTER OF L-D.S-C-, INC. 
APPEAL OF TEXAS SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JUNE 7, 2016 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, an insurance company, seeks to employ the Beneficiary as a survey director. It 
requests classification of the Beneficiary as a professional under the third preference immigrant 
classification. See Immigration and Nationality Act (the Act) section 203(b)(3 )(A)(ii), 8 U.S.C. 
§ 1153(b)(3 )(A)(ii). This employment-based immigrant classification allows a U.S. employer to 
sponsor a professional with a baccalaureate degree for lawful pennanent resident status. 
The Director, Texas Service Center, denied the petition. The Director concluded that the Petitioner 
had not demonstrated its ability to pay the Beneficiary's proffered wage. 
The matter is now before us on appeal. On appeal, the Petitioner states that the amount of wages 
paid to the Beneficiary establishes its ability to pay the proffered wage and that the Director should 
have considered additional evidence of its ability to pay the proffered wage when its tax return for 
the relevant year was not available. Upon de novo review, we will sustain the appeal. 
The petition is accompanied by an ETA Form 9089, Application for Permanent Employment 
Certification (labor certification), certified by the U.S. Department of Labor (DOL). 
The regulation 8 C .F .R. § 204.5(g)(2) states in pertinent part: 
Ability l?( prmpective employer to pay wage. Any petition filed by or for an 
employment-based immigrant which requires an offer of employment must be 
accompanied by evidence that the prospective United States employer has the ability 
to pay the proffered wage. The petitioner must demonstrate this ability at the time the 
priority date is established and continuing until the beneficiary obtains lawful 
permanent residence. Evidence of this ability shall be either in the form of copies of 
annual reports, federal tax returns, or audited financial statements. 
The petitioner must demonstrate the continuing ability to pay the proffered wage beginning on the 
priority date, which is the date the labor certification was accepted for processing by any oflice 
within the employment system ofthe DOL. See 8 C.F.R. § 204.5(d). 
Matter (?f L-D.S-C-, Inc. 
Here, the labor certification was accepted on August 25, 2014, the priority date. See 8 C.F.R. 
§ 204.5(d). The protTered wage as stated on the labor certification is $25,043 per year. 
The Petitioner submitted its 2014 tax return on appeal as requested. As the Petitioner files its tax 
returns based on a fiscal year. this tax return was not available at the time the Form 1-140 was filed. 
After consideration of the evidence in the record and additional evidence submitted in response to 
our request for evidence, the Petitioner has established that it has the ability to pay the Beneticiary's 
proffered wage specified on the labor cet1ification as of the August 25, 2014. priority date. Therefore, 
the petition is approved under section 203(b)(3)(A)(ii) ofthe Act, 8 U.S.C. § 1153(b)(3)(A)(ii). 
In visa petition proceedings, it is the petitioner's burden to establish eligibility for the immigration 
benefit sought. Section 291 ofthe Act, 8 U.S.C. § 1361; Matter (~lOtiende, 26 I&N Dec. 127, 128 
(BIA 2013 ). The Petitioner has met that burden. 
ORDER: The appeal is sustained. 
Cite as Matter (~lL-D.S-C-. Inc., ID# 16993 (AAO June 7, 2016) 
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