sustained EB-3 Case: Tailoring

U.S. Citizenship 
and Immigration 
Services 
MATTER OF L-C-. INC. 
APPEAL OF TEXAS SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: FEB. 15.2018 
PETITION: FORM I-140. IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a dry cleaning business. seeks to employ the Beneficiary as an alteration tailor. It 
requests classification of the Beneficiary as a skilled worker under the third preference immigrant 
classification. 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 
least two years of training or experience. 
The petition was initially approved. However. the Director of the Texas Service Center 
subsequently revoked 1 the approval on the grounds that Petitioner had not established that the 
Beneficiary had 24 months of qualifying experience in the proffered position. as required by the 
underlying labor certification. and had not established its continuing ability to pay the proffered 
wage from the 2012 priority date onward. 2 specifically finding that the Petitioner had not 
demonstrated its ability to pay in 2013. The Petitioner tiled a motion to reopen and a motion to 
reconsider, which the Director denied after finding that they did not overcome the grounds for 
revocation. 
On appeal the Petitioner submits a brief and additional documentation. The Petitioner asserts that 
the Director erred in finding that the Beneficiary lacks the requisite experience as an alteration tailor 
and that the Petitioner did not establish its ability to pay the proffered wage. 
Upon de novo review. we will sustain the appeal. 
After reviewing the entire record, including the materials submitted on appeal. we find that the 
Petitioner has overcome the grounds for revocation. The Petitioner submits a new letter from the 
Beneficiary"s former employer that contains a detailed description of the duties performed in his 
prior position. The duties of the former position include the job duties of the alteration tailor 
position described in the labor certification: as such we tind that the Beneticiary's prior experience 
1 
Section 205 of the Act. 8 U.S.C. § 1155. provides that the Secretary of Homeland Security may ·•for good and sufticient 
cause. revoke the approval of any petition." 
1 
The "priority date" is the date the labor certification was tiled with the Department of Labor. S<'c 8 C.F.R. § 204.5(d) 
In this case the priority date is June 6, 2012. 
Matter of L-C-, Inc. 
constitutes experience in the position offered. Therefore, the record demonstrates that the 
Beneficiary met the labor certification requirement of at least 24 months of experience in the job 
otlered by the priority date. Concerning the Petitioner's ability to pay, the Petitioner's net income 
and net current assets were not sufficient to pay the proffered wage in the year in question. 
However, we find the letter from the Petitioner's co-owners, which states that they were able and 
willing to forego any portion of their substantial officer's compensation needed to pay the protlered 
wage, 3 along with other evidence in the record, sufficient to establish the Petitioner's ability to pay 
the proffered wage in 2013. As such, the Petitioner has established its continuing ability to pay the 
proffered wage from the priority date onward. 
For the reasons discussed above. we withdraw the Director's decision to revoke the petition's 
approval. 
ORDER: The appeal is sustained. 
Cite as Matter ofL-C-, Inc., ID# 558379 (AAO Feb. 15. 2018) 
1 
This letter, submitted in support of the Petitioner's motions to reopen and reconsider. was not mentioned bv the 
Director in his decision denying the motions. · 
2