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SustainedEB-2 · Appeal

Provider of communications equipment and services

Other / unclear · decided 2019-04-03 · TSC · APR032019_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.

Summary sentence

Upon de nova review of the appellate record, we find the Petitioner has demonstrated, by a preponderance of the evidence, its ability to pay the proffered wage under a totality of circumstances analysis. See in text

What the AAO decided

Read the full decision (1 page)

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 (1)Matter of X citation
    Decision header
    U.S. Citizenship and In1n1igration Services · MATTER OF A- INC. · APPEAL OF TEXAS SERVICE CENTER DECISION

    Non-Precedent Decision of the Administrative Appeals Office DATE: APR. 3, 2019

    PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER The Petitioner, a provider of communications equipment and services, seeks to employ the Beneficiary as a systems architect. It requests his classification under the second-preference, immigrant category as a member of the professions holding an advanced degree. Immigration and Nationality Act (the Act) section 203(b)(2)(A), 8 U.S.C. § 1153(b)(2)(A). This employment-based, "EB-2" category allows a U.S. business to sponsor a foreign national to work in a job requiring a master's degree, or a bachelor's degree and five years of experience.

    The Director of the Texas Service Center denied the petition. The Director concluded that the Petitioner did not demonstrate its required ability to pay the proffered wage.

    On appeal, the Petitioner submits additional evidence and argues that the size and scope of its business demonstrate its ability to pay.

    Upon de nova review of the appellate record, we find the Petitioner has demonstrated, by a preponderance of the evidence, its ability to pay the proffered wage under a totality of circumstances analysis. See Matter of Sonegawa, 12 I&N Dec. 612, 614-15 (Reg'l Comm'r 1967) (allowing adjudicators, when determining a petitioner's ability to pay, to consider factors beyond its net income or net current assets). We will therefore withdraw the Director's decision.

    ORDER: The appeal is sustained.

    Cite as Matter ofA- Inc., ID# 884261 (AAO Apr. 3, 2019)