sustained EB-3 Case: Manufacturing

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: AUG. 10, 2023 In Re: 28116716 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (Professional) 
The Petitioner , a tire manufacturer, seeks to employ the Beneficiary as its president. The company 
requests his classification under the third-preference, immigrant visa category for professionals . See 
Immigration and Nationality Act (the Act) section 203(b )(3)(A)(ii), 8 U.S.C. § 1153(b )(3)(A)(ii). 
The Director of the Texas Service Center denied the petition, concluding the Petitioner did not 
establish, as required, that it had the continuing ability to pay the proffered wage. On appeal, the 
Petitioner contends that the evidence it submitted establishes that it has the continuing ability to pay 
the proffered wage from the priority date onward. The matter is now before us on appeal. 8 C.F .R. § 
103.3. 
The Petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence . 
Matter ofChawathe, 25 I&N Dec. 369, 375-76 (AAO 2010). We review the questions in this matter 
de novo. Matter of Christo 's, Inc., 26 l&N Dec. 537, 537 n.2 (AAO 2015). Upon de novo review, 
we will sustain the appeal. 
Based on the totality of the circumstances, we conclude that the Petitioner more likely than not has the 
continuing ability to pay the proffered wage. See 8 C.F.R. § 204.5(g)(2) . See also Matter of 
Sonegawa, 12 I&N Dec. 612 (Reg'l Comm'r 1967). 
In visa petition proceedings, it is the Petitioner's burden to establish eligibility for the immigration 
benefit sought. The Petitioner has met that burden. 
ORDER: The appeal is sustained .