sustained EB-3 Case: Supply Services

(b)(6)
MATTER OF 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: OCT. 28,2016 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
) ' 
The Petitioner, a "supply services" company, seeks to permanently employ the beneficiary in the 
United States as a sales representative under the immigrant classification of skilled worker. Se? 
Immigration and Nationality Act (the Act) section 203(b )(3)(A)(i), 8 U.S.C. § 1153(b )(3)(A)(i). The 
Director, Nebraska Service Center, initially approved the petition, but subsequently revoked the 
approval. The matter is now before us on appeal. Upon de novo review we will sustain the appeal, 
and reinstate the approval of the pe~ition. 
The immigrant petition was filed on May 1, 2007. As required by statute, it was accompanied by an 
ETA Form 9089, Application for Permanent Employment Certification, which was filed with the 
Department of Labor (DOL) on March 1, 2007, and certified by the DOL (labor certification) on 
March 5, 2007. The petition was approved on January 12, 2009. 
Following two consular interviews of the Beneficiary at the in 
Argentina, in late 2014, the petition was returned to the Director, who issued a notice of intent to 
revoke the approval of the petition on multiple grounds. After receiving additional documentation 
from the Petitioner, the Director issued a decision on December 21, 2015, that 
revoked the approval 
of the petition on a single ground - that the evidence of record did not establish that the Beneficiary 
had at least two years of experience as a sales representative, a~ required to qualify for the job 
offered under the .terms of the labor certification and to be eligible skilled worker classification. The 
Petitioner filed an appeal, along with a brief from counsel and additional documentation. Further 
materials were submitted in response to a subsequent request for evidence from this(pffice. 
Under section 203(b)(3)(A)(i) of the Act immigrant classification may be granted to qualified 
immigrants who are capable of performing skilled labor, requiring at least two years of training or 
experience, not of a temporary or seasonal nature, for which qualified workers are not available in 
the United States. To be eligible for approval, 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. Comm. 1977). The petitioner must also 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). The priority date of the instant petition is March 1, 2007, which is the date 
the underlying labor 
certification application was accepted for processing by the DOL. See 8 C.F.R. 
§ 204.5(d). 
(b)(6)
Matter of 
Upon review of the entire record, including all of the documentation submitted by the Petitioner on 
appeal, we find that the Petitioner has overcome the ground for revocation in the Director's decision. 
We determine that the Beneficiary more likely than not had all the experience required on the ETA 
Form 9089 as of the priority date. We also determine that the Beneficiary more likely than not had all 
of the education required on the ETA Form 9089 as of the priority date. In addition, we find that the 
Petitioner more likely than not has had the continuing ability to pay tlie proffered wage from the priority 
date up to the present. Accordingly, we will withdraw the Director's revocation decision and 
reinstate the approval of the petition. 
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 of ID# 111529 (AAO Oct. 28, 2016) 
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