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SustainedEB-2 · Appeal

Computing products and services business

Business & finance · decided 2023-07-14 · TSC · JUL142023_01B5203

Official PDF on uscis.gov

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.

  • Prong 1Merit and national importanceNot decided

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

  • Prong 2Well positioned to advance itNot decided

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

  • Prong 3Worth waiving the job offerNot decided

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

The decision in brief

Sentences picked out of the text automatically. Read them in context below; the official PDF controls.

What the AAO decided

  • Upon de novo review, we will sustain the appeal. See in text
  • As all other eligibility requirements for the requested classification have been satisfied, we will withdraw the Director's decision and sustain the appeal. See in text
  • ORDER: The appeal is sustained. See in text

Main reasons given

  • Upon review, we conclude that the Petitioner has provided the initial evidence required by 8 C.F.R. § 204.5(g)(2) and has established, by a preponderance of the evidence, its ability to pay the Beneficiary's proffered wage. See in text
Read the full decision (2 pages)

Objections found (0)

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No catalog objection was detected in the analysis section.

    Full decision

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

    Highlighted: Outcome (3) AAO finding (1)Matter of X citation
    Decision header
    U.S. Citizenship and Immigration Services · Non-Precedent Decision of the Administrative Appeals Office · Date: WL. 14, 2023 · In Re: 27466361 · Appeal of Texas Service Center Decision · Form 1-140, Immigrant Petition for Alien Workers (Advanced Degree)

    The Petitioner, a computing products and services business, seeks to employ the Beneficiary as a systems engineer. It requests classification ofthe Beneficiary as a member of the professions holding an advanced degree under the employment-based second preference (EB-2) immigrant classification. See Immigration and Nationality Act (the Act) section 203(b)(2), 8 U.S.C. § 1153(b)(2).

    The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner has the ability to pay the proffered wage. 1 The matter is now before us on appeal. 8 C.F.R. § 103.3.

    The Petitioner bears the burden ofproof to demonstrate eligibility by a preponderance ofthe evidence. Matter ofChawathe, 25 I&N Dec. 369, 375-76 (AAO 2010). We review the questions in this matter de novo. Matter of Christa's, Inc., 26 I&N Dec. 537,537 n.2 (AAO 2015). Upon de novo review, we will sustain the appeal.

    Under 8 C.F.R. § 204.5(g)(2), any petition filed for an employment-based immigrant which requires an offer ofemployment must be accompanied by evidence that the prospective United States employer has the ability to pay the proffered wage from the time the priority date is established continuing until the beneficiary obtains permanent residence.

    On appeal, the Petitioner contends that the Director improperly discounted the provided letter and emphasizes that the regulation at 8 C.F.R. § 204.5(g)(2) "clearly indicates that a financial officer, regardless of formal title within the company, can provide a statement establishing the company's ability to pay the proffered wage." The Petitioner, which has since hired a president and chief financial officer, also provides a new letter in support of the ability to pay requirement.

    Upon review, we conclude that the Petitioner has provided the initial evidence required by 8 C.F.R. § 204.5(g)(2) and has established, by a preponderance of the evidence, its ability to pay the Beneficiary's proffered wage. Based on the facts and explanation provided, the submitted letter may be considered to be from "a financial officer." As all other eligibility requirements for the requested classification have been satisfied, we will withdraw the Director's decision and sustain the appeal. ORDER: The appeal is sustained.