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SustainedEB-2 · Appeal

Motor manufacturer

Engineering · decided 2015-12-29 · TSC · DEC292015_02B5203

Official PDF on uscis.gov

Decided under the old NYSDOT test, replaced by Matter of Dhanasar on Dec 27, 2016. Useful for background only.

How each part of the test was decided

Read from the appeals office's own sentences by fixed rules, not from the Director's findings or the petitioner's arguments. Each result shows the sentence it came from. The official PDF controls.

  • Step 0Eligible for EB-2Not decided

    No finding on this in the appeals office's own words.

The decision in brief

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What the AAO decided

Main reasons given

  • Upon review of the entire record, including new evidence properly submitted on appeal, the Petitioner has established that it has the continuing ability to pay the Beneficiary the proffered wage. See in text
Read the full decision (2 pages)

Objections found (0)

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    Full decision

    OCR text from the official PDF, reformatted for reading. Scan errors carry over; the PDF controls.

    Highlighted: Outcome (2) AAO finding (1)Matter of X citation
    Decision header
    U.S. Citizenship and Immigration Services · MATTER OF SLT-, LLC · APPEAL OF TEXAS SERVICE CENTER DECISION · Non-Precedent Decision of the Administrative Appeals Office · DATE: DEC. 29,2015 · PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER

    The Petitioner, a motor manufacturer, seeks to permanently employ the Beneficiary as an operations research analyst under the immigrant classification of advanced degree professional. See Immigration and Nationality Act (the Act)§ 203(b)(2), 8 U.S.C. § 1153(b)(2). The Director, Texas Service Center, denied the petition. The matter is now before us on appe(;ll. The appeal will be sustained.

    As required by statute, the pet1t1on is accompanied by an ETA Form 9089, Application for Permanent Employment Certification, approved by the U.S. Department 'of Labor (DOL). The Director determined that the Petitioner had not established that it had the continuing ability to pay the Beneficiary the proffered wage beginning on the priority date of the visa petition. We conduct appellate review on a de novo basis. See Soltane v. DOJ, 381 F.3d 143, 145 (3d Cir. 2004). We consider all pertinent evidence in the record, including new evidence properly submitted upon appeal.

    The regulation at 8 C.F.R. § 204.5(g)(2) states:

    Ability of prospective employer to pay wage. Any petition filed by or for an employment-based immigrant which requires an offer of employment must be accompanied by evidence that the prospective United States employer has the ability to pay the proffered wage. The petitioner must demonstrate this ability at the time the · priority date is established and continuing until the beneficiary obtains lawful permanent residence. Evidence of this ability shall be either in the form of copies of annual reports, federal tax returns, or audited financial statements. In a case where the prospective United States employer employs 100 or more workers, the director may accept a statement from a financial officer of the organization which establishes the prospective employer's ability to pay the proffered wage. In appropriate cases, additional evidence, such as profit/loss statements, bank account records, or personnel records, may be submitted by the petitioner or requested by the Service.

    Matter ojSLT-, LLC

    The petitioner must demonstrate the continuing ability to pay the proffered wage beginning on the priority date, which is the date the ETA Form 9089 was accepted for processing by any office within the employment system of the DOL. See 8 C.F.R. § 204.5(d).

    Here, the ETA Form 9089 was accepted on February 7, 2014. The proffered wage as stated on the ETA Form 9089 is $93,746.00 per year. On the petition, the Petitioner claimed to have been established in 2000 and to currently employ 753 workers.

    Upon review of the entire record, including new evidence properly submitted on appeal, the Petitioner has established that it has the continuing ability to pay the Beneficiary the proffered wage. See 8 C.F.R. § 204.5(g)(2).

    In visa petition proceedings, it is the Petitioner's burden to establish eligibility for the immigration benefit sought. Section 291 ofthe Act, 8 U.S.C. § 1361; Matter ofOtiende, 26 I&N Dec .. 127, 128 (BIA 2013). The Petitioner has met that burden.

    ·ORDER: The appeal is sustaine.d.

    Cite as Matter ofSLT-, LLC, ID# 14735 (AAO Dec. 29, 2015)