sustained EB-3 Case: Medical Equipment Distribution

MATTER OF T-0-A- INC. 
APPEAL OF TEXAS SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JAN. 31,2017 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, which describes itself as a medical equipment distributor, seeks to employ the 
Beneficiary as a solutions architect. 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 least2 years of training or experience. 
The Director, Texas Service Center, denied the petition after concluding that the Petitioner had not 
established its ability to pay the proffered wage as of the priority date. On July 8, 2016, we affirmed 
the Director's decision and dismissed the appeal. The matter is now before us on motion to reopen 
and motion to reconsider. The Petitioner submits new evidence relating to its ability to pay the 
Beneficiary's proffered wage and asserts that the totality of the evidence establishes its ability to pay 
the proffered wage. Upon de novo review, we will grant the motion to reopen and sustain the 
appeal. 
A motion to reopen must state the new facts to be proved in the reopened proceeding and be 
supported by affidavits or other documentary evidence. 8 C.F.R. § 103.5(a)(2). The current motion 
to reopen qualifies for consideration because the Petitioner is providing new facts with supporting 
documentation not previously submitted. 
The regulation at 8 C.F.R. § 204.5(1)(3)(ii)(B) states: 
If the petition is for a skilled worker, the petition must be accompanied by evidence 
that the alien meets the educational, training or experience, and any other 
requirements of the [labor certification]. The minimum requirements for this 
classification are at least two years of training or experience. 
The beneficiary must meet aU of the requirements of the offered position set forth on the labor 
certification by the priority date ofthe petition. 8 C.F.R. § 103.2(b)(l), (12). See Matter of Wing's 
Tea House, 16 I&N Dec. 158, 159 (Act. Reg. Comin. 1977); see also Matter of Katigbak, 14 I&N 
Dec. 45,49 (Reg. Comm. 1971). 
Matter ojT-0-A- Inc. 
The petitioner must demonstrate the continuing ability to pay the proffered wage beginning on the 
priority date, which is the date the ETA Form 9089, Application for Permanent Employment 
Certification, was accepted for processing by any office within the employment system of the DOL. 
8 C.F.R. § 204.5(g)(2). . 
Upon review of the entire record including the evidence submitted on appeal and on motion, we 
conclude that the Petitioner has established that it is more likely than not that it had the ability to pay the 
proffered wage as of the December 16, 2011, priority date. We also conclude that the Beneficiary 
meets the requirements' for classification as a skilled worker and possesses the educational credentials 
and employment experience required on the labor certification. The Beneficiary may be classified as a 
skilled worker. Accordingly, the motion to reopen is granted, the appeal is sustained, and the petition 
is approved under section 203(b)(3)(A)(i) ofthe Act, 8 U.S.C. § 1153(b)(3)(A)(i). 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 
8 U.S.C. § 1361. The Petitioner has met that burden. 
ORDER: The motion to reopen is granted and the appeal is sustained. 
Cite as Matter ofT-0-A- Inc., ID# 105237 (AAO Jan. 31, 2017) 
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