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SustainedEB-2 · Appeal

Legal recruitment agency

Other / unclear · decided 2017-11-13 · NSC · NOV132017_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

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What the AAO decided

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)Matter of X citation
    Decision header
    U.S. Citizenship and Immigration Services · MATTER OF D-P-, LLC · Non-Precedent Decision of the Administrative Appeals Office · DATE: NOV. 13,2017 · APPEAL OF NEBRASKA SERVICE CENTER DECISION · PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER

    The Petitioner, a legal recruitment agency, seeks to employ the Beneficiary as a lawyer. It requests classification of the Beneficiary as a member of the professions holding an advanced degree under the second preference immigrant classification. See Immigration and Nationality Act (the Act) section 203(b)(2), 8 U.S.C. § 1153(b)(2). This employment-based immigrant classification allows a U.S. employer to sponsor a professional with an advanced degree for lawful permanent residence.

    The Director of the Nebraska Service Center denied the petition on the ground that the Petitioner did not submit sufficient evidence to establish its continuing ability to pay the proffered wage from the priority date up to the present.

    On appeal, the Petitioner submits additional documentation and asserts that it has established its continuing ability to pay·the proffered wage. Upon de novo review, we will sustain the appeal.

    The regulation at 8 C.F.R. § 204.5(g)(2) states that a petitioning U.S. employer must submit evidence establishing its ability to pay the proffered wage from the priority date of the petition and continuing until the Beneficiary obtains lawful permanent residence. The Petitioner's ability to pay the proffered wage is an essential element in evaluating whether a job offer is realistic. See Matter of Great Wall, 16 I&N Dec. 142 (Acting Reg'l Comm'r 1977).

    Here, the proffered wage is $124,426 per year and the priority date is June 27,2016. 2015 was the most recent year of relevant financial information available at the time of filing and the Director's decision. On appeal, the Petitioner provided its 2016 tax returns and other evidence establishing its ability to pay the proffered wage through its net income in 2016. As such. the Petitioner has established that it had the continuing ability to pay the proffered wage from the priority date onward.

    The date the labor certification is filed is called the "priority date." 8 C.F.R. § 204.5(d). In this case,

    Matter ofD-P-, LLC

    ORDER: The appeal is sustained.

    Cite as Matter ofD-P-, LLC, ID# 595191 (AAO Nov. 13, 2017)