sustained
EB-3
sustained EB-3 Case: Technology Services
Decision Summary
The appeal was sustained because the petitioner, on a motion to reconsider, submitted additional evidence that established its continuing ability to pay the proffered wage. The initial petition was revoked because this ability had not been established, but the new evidence resolved the issue in the petitioner's favor.
Criteria Discussed
Ability To Pay Proffered Wage
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U.S. Citizenship and Immigration Services MATTER OF A-C-, INC. Non-Precedent Decision of the Administrative Appeals Office DATE: MAR. 5, 2018 MOTION ON ADMINISTRATIVE APPEALS OFFICE DECISION PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER The Petitioner, a technology services and corporate resources company, seeks to employ the Beneficiary as a management analyst. It requests classification of the Beneficiary as a professional under the third preference immigrant classification. Immigration and Nationality Act, section 203(b )(3 )(A)(ii), 8 U.S.C. § 1153(b )(3)(A)(ii). This employment-based immigrant classification allows a U.S. employer to sponsor a professional with a baccalaureate degree for lawful permanent resident status. The Director of the Texas Service Center initially approved the petition. The Director subsequently revoked the petition's approval because the Petitioner did not establish its continuing ability to pay the profTered wages of all of its immigrant and nonimmigrant petitions. We dismissed a subsequent appeal. Now before us on motion, the Petitioner asserts that it has the continuing ability to pay. Upon review, we will grant the motion to reconsider and sustain the appeal. 1 A petitioner must establish its continuing ability to pay the proffered wage from the priority date onward. See 8 C.F.R. § 204.5(g)(2). 2 After review of the record, including additional materials submitted on motion, we find that the Petitioner has established its continuing ability to pay the proffered wage from the priority date onward. Accordingly, we will grant the motion to reconsider and sustain the appeal. ORDER: The motion to reconsider is granted and the appeal is sustained. Cite as Matter ofA-C-. Inc., ID# 570296 (AAO Mar. 5, 2018) 1 The Petitioner filed a combined motion to reopen and reconsider. Because we are granting the motion to reconsider, the motion to reopen is moot. 2 The priority date of a petition is the date the labor certification was accepted for processing by the DOL. See 8 C.F.R. § 204.5(d).
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