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The service center director denied the petition after finding the petitioner failed to establish continuing ability to pay the proffered wage from the priority date, citing insufficient financial proof. On appeal, the decision was withdrawn and the case remanded for further consideration based on arguments regarding replacement of an employee and submitted tax and banking evidence, including ETA 750 wage details and corporate income 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did the service center director deny the petition?","Question",{"text":108,"@type":109},"The director found the petitioner did not establish continuing ability to pay the proffered wage beginning on the visa petition’s priority date, based on the evidence submitted.","Answer",{"name":111,"@type":106,"acceptedAnswer":112},"What happened after the petitioner appealed?",{"text":113,"@type":109},"The director’s decision was withdrawn and the matter was remanded to the director for further consideration by the Administrative Appeals Office.",{"name":115,"@type":106,"acceptedAnswer":116},"What evidence is required to demonstrate the petitioner’s ability to pay the wage?",{"text":117,"@type":109},"The record discusses requirements to provide evidence such as annual reports, federal tax returns, or audited financial statements, showing the continuing ability from the priority date onward.","https://schema.org",{"og:url":78,"og:type":120,"og:title":59,"og:site_name":91,"og:description":61},"article",{"robots":122,"canonical":78},"index,follow",{"doc_id":124,"site_id":56},301405,1789782121,{"code":4,"msg":5,"data":127},{"doc_id":124,"user_id":128,"nickname":88,"user_avatar":129,"doc_module":9,"category_id":40,"category_name":41,"doc_title":59,"doc_description":61,"doc_content":130,"file_id":131,"file_url":132,"file_type":133,"file_size":134,"view_count":73,"is_deleted":4,"is_public":9,"is_downloadable":9,"audit_status":9,"page_count":135,"language":136,"language_code":57,"site_id":56,"html_lang":57,"table_of_contents":137,"faqs":138,"seo_title":139,"seo_description":61,"update_tm":125,"read_time":76},1099514068365,"https://ap-avatar.wpscdn.com/avatar/10000253d8d9f28188e?_k=1776742907772140068","# PUBLIC COPY\n\nFEB 252005  \nFILE:  \nOffice:TEXA$SERVICE CENTER Date:  \nSRC0203256726  \nIN RE:  \nPetitioner:  \nBeneficiary:  \n# PETITION:Immigrant petition for Alien Worker as a Skilled Worker or Professional pursuant to section203(b)(3)of the Immigration and Nationality Act,8U.S.C.§1153(b)(3)\n\n## ON BEHALF OF PETITIONER:\n\nINSTRUCTIONS:  \nThis is the decision of the Administrative Appeals Office in your case.All documents have been returned tothe office that originally decided your case.Any further inquiry must be made to that office  \nRobert P.Wiemann,DirectorAdministrative Appeals Office  \nDISCUSSION:The service center director denied the employment-based visa petition,and the matter is nowbefore the Administrative Appeals Office(AAO)on appeal.The director's decision is withdrawn and thematter is remanded to the director for further consideration.  \nThe petitioner is a convenience store/gas station.It seeks to employ the beneficiary permanently in theUnited States as a store manager.As required by statute,a Form ETA 750,Application for Alien EmploymentCertification approved by the Department of Labor,accompanied the petition.The director deterrnined thatthe petitioner had not established that it had the continuing ability to pay the beneficiary the proffered wagebeginning on the priority date of the visa petition and denied the petition accordingly.  \nOn appeal,counsel states that the petitioner is replacing one employee who earned the proffered wage,andthus,has the ability to pay the proffered wage.Counsel submits no additional evidence.  \nSection 203(b)(3)(A)(i)of the Immigration and Nationality Act(the Act),8 U.S.C.§1153(b)(3)(A)(i),provides for the granting of preference classification to qualified immigrants who are capable,at the time ofpetitioning for classification under this paragraph,of performing skilled labor (requiring at least two yearstraining or experience),not of a temporary nature,for which qualified workers are not available in the UnitedStates.  \nSection 203(b)(3)(A)(ii)of the Immigration and Nationality Act(the Act),8 U.S.C.§1153(b)(3)(A)(ii)provides for the granting of preference classification to qualified immigrants who hold baccalaureate degreesand are members of the professions.  \nThe regulation at 8 C.F.R.§204.5(g)(2)states,in pertinent part  \nAbility 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 evidencethat the prospective United States employer has the ability to pay the proffered wage.Thepetitioner must demonstrate this ability at the time the priority date is established andcontinuing until the beneficiary obtains lawful permanent residence.Evidence of this abilityshall be in the form of copies of annual reports,federal tax returns,or audited financialstatements.  \nThe petitioner must demonstrate the continuing ability to pay the proffered wage beginning on the prioritydate,the day the Form ETA 750 was accepted for processing by any office within the employment system ofthe Department of Labor.See 8 CFR§204.5(d).Here,the Form ETA 750 was accepted for processing onApril 18,2001.The proffered wage as stated on the Form ETA 750 is an annual salary of $36,600.On theForm ETA 750B,signed by the beneficiary,the beneficiary claims to have worked for the petitioner sinceOctober 2000.  \nOn the petition,the petitioner claimed to have been established in 1997 and to have a net annual income of$24,303.The petitioner indicated that it had two employees on the petition.In support of the petition,thepetitioner submitted a letter of support that stated it employed two individuals.The petitioner did not indicatethat it employed the beneficiary,but it outlined the job duties of the position.The petitioner also submitted  \nIRS Form 1120S,the petitioner's corporate income tax return for 2000,and Form 600S,the State of GeorgiaNet Worth Tax Returm,for 2001.In addition,the petitioner submitted a letter on blan","cbCaie66m3t6KiP7","https://ap.wps.com/l/cbCaie66m3t6KiP7","pdf",631790,7,"English","# Discussion\n## Denial and remand\n## Statutory eligibility under 203(b)(3)\n## Regulatory ability-to-pay requirements\n## Evidence submitted and deficiencies","[{\"question\":\"Why did the service center director deny the petition?\",\"answer\":\"The director found the petitioner did not establish continuing ability to pay the proffered wage beginning on the visa petition’s priority date, based on the evidence submitted.\"},{\"question\":\"What happened after the petitioner appealed?\",\"answer\":\"The director’s decision was withdrawn and the matter was remanded to the director for further consideration by the Administrative Appeals Office.\"},{\"question\":\"What evidence is required to demonstrate the petitioner’s ability to pay the wage?\",\"answer\":\"The record discusses requirements to provide evidence such as annual reports, federal tax returns, or audited financial statements, showing the continuing ability from the priority date onward.\"}]","Immigrant petition for Alien Worker as a Skilled Worker or Professional pursuant to section 203(b)(3) of the Immigration and Nationality Act | PDF"]