sustained EB-3 Case: Religious Administration

U.S. Citizenship 
and Immigration 
Services 
In Re: 6455496 
Appeal of Nebraska Service Center Decision 
Form I-140, Immigrant Petition for Other Worker 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: NOV. 29, 2019 
The Petitioner seeks to employ the Beneficiary as a church clerk under the third-preference immigrant 
visa classification for "other workers." See Immigration and Nationality Act (the Act) section 
203(b)(3)(A)(iii), 8 U.S.C. § 1153(b)(3)(A)(iii). 
After initially granting the filing, the Director of the Nebraska Service Center revoked the petition's 
approval. The Director concluded that the Petitioner did not demonstrate its required ability to pay 
the proffered wage of the offered position . 
The Director found the record lacking required evidence of the Petitioner's ability to pay the annual 
proffered wage of $27,560 in 2018, the year of the petition 's priority date.1 Petitioners with less 
than 100 employees , as in this case, must submit copies of their annual reports , federal tax returns, or 
audited financial statements to demonstrate their abilities to pay. 8 C.F.R. § 204.5(g)(2). 
On appeal, the Petitioner submits audited financial statements for 2018. The statements indicate that 
the nonprofit generated both excess revenues and net current assets exceeding the annual proffered 
wage amount. Thus, consistent with 8 C.F.R. § 204.5(g)(2), the Petitioner has demonstrated its 
continuing ability to pay the proffered wage, from the petition's priority date until the Beneficiary 
obtains lawful pennanent residence . 
ORDER: The appeal is sustained. 
1 The petition's priority date is February 2, 2018, the date tbe U.S. Department of Labor accepted the accompanying 
application for labor certification for processing. See 8 C.F.R. § 204.S(d) (explaining bow to determine a petition's 
priority date).