sustained EB-3 Case: Stonework

U.S. Citizenship 
and Immigration 
Services 
MATTER OF C&D E-, INC. 
APPEAL OF TEXAS SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: FEB. 14, 2017 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a marble, granite, and tile business, seeks to employ the Beneficiary as a stone polisher. 
It requests classification of the Beneficiary as a skilled worker under the third preference immigrant 
classification of skilled worker. 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 residence to work in a position that 
requires at least 2 years of training or experience. 
The Petitioner filed a Form I-140, Immigrant Petition for Alien Worker, accompanied by a labor 
certification approved by the Department of Labor. The Director, Texas Service Center, denied the 
petition. The Director determined that the Petitioner did not establish its ability to pay the proffered 
wage of the job offered from the priority date of the petition up to the present. 
The matter is now before us on appeal. The Petitioner submits additional documentation that 
addresses the issue of its ability to pay the profiered wage. Upon de novo review, we will sustain the 
appeal. 
To be eligible for approval, a petitioner must establish its continuing ability to pay the proffered wage 
of the job offered from the priority date up to the present. See 8 C.F.R. § 204.5(g)(2). In addition, a 
beneficiary must have all the education, training, and experience specified on the labor certification as 
of the petition's priority date. See Matter of Wing's Tea House, 16 I&N 158 (Act. Reg'l Comm'r 
1977). The priority date of the instant petition is April 30, 2001, which is the date the underlying 
labor certification was accepted for processing by the DOL. See 8 C.F.R. § 204.5(d). 
Upon review of the entire record, we conclude that the Petitioner has established that it more likely than 
not has had the continuing ability to pay the proffered wage from the priority date up to the present. 
Thus, the Petitioner has overcome the ground for denial in the Director's decision. We also find that the 
Beneficiary more likely than not had all the education, training, and experience specified on the labor 
certification as of the priority date, and that his experience makes him eligible for classification as a 
skilled worker. Accordingly, the petition will be approved under section 203(b)(3)(A)(i) of the Act, 
8 U.S.C. § 1153(b)(3)(A)(i), for classification of the Beneficiary as a skilled worker. 
Matter ofC&D E-, Inc. 
The burden of proof in these proceedings rests solely with the petitioner. See Section 291 of the Act. 
8 U.S.C. § 1361. The petitioner has met that burden. 
ORDER: The appeal is sustained. 
Cite as Matter ofC&D E-, Inc .. ID# 77471 (AAO Feb. 14, 2017) 
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