PETITION:Immigrant petition for Alien Worker as a Skilled Worker or Professional pursuant to section 203(b)(3) of the Immigration and Nationality Act, 8 U.S.C. §1153(b)(3) - decision

Sep 19, 2026

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Administrative Appeals Office decision in a preference-visa petition case denying an immigrant petition for an alien worker sought as a skilled worker/ professional under section 203(b)(3). The petitioner, an auto repair service station, sought to hire the beneficiary permanently as an auto mechanic and submitted Form ETA 750 and supporting documentation. The denial rested on failure to establish the continuing ability to pay the proffered wage from the priority date and the beneficiary’s required qualifications.

LanguageEnglish

CategoryLetters

FormatPDF

Pages5

Reading Time2 min

AccessFree to download

INSTRUCTIONS

Decision Summary and Appeal Outcome

Legal Standards for Skilled Workers

Employer Ability to Pay Proffered Wage

Priority Date, Wage, and Evidence Considered

Appeal Arguments and CIS Evaluation

U.S.Citizenshipand ImmigrationServices B PUBLIC COPY EAC0501453674 Office:VERMONT SERVICE CENTER FILE: Date: JUL 052006 Petitioner: IN RE: Beneficiary: # PETITION:Immigrant petition for Alien Worker as a Skilled Worker or Professional pursuant tosection 203(b)(3)of the Immigration and Nationality Act,8 U.S.C.§1153(b)(3) ON BEHALF OF PETITIONER: INSTRUCTIONS: This is the decision of the Administrative Appeals Office in your case.All documents have beenreturned to the office that originally decided your case.Any further inquiry must be made to thatoffice. Robert P.Wiemann,ChiefAdministrative Appeals Office DISCUSSION:The preference visa petition was denied by the Director,Vermont Service Center,and isnow before the Administrative Appeals Office on appeal.The appeal willbe dismissed. The petitioner is a service station/auto repair center.It seeks to employ the beneficiary permanently in theUnited States as an auto mechanic.As required by statute,the petition is accompanied by a Form ETA 750,Application for Alien Employment Certification,approved by the U.S.Department of Labor.The directordetermined that the petitioner had not established that it had the continuing ability to pay the beneficiary theproffered wage beginning on the priority date of the visa petition.The director denied the petitionaccordingly. Section 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 qualifiedimmigrants who are capable,at the time of petitioning for classification under this paragraph,of performing skilled labor (requiring at least two years training or experience),not of atemporary nature,for which qualified workers are not available in the United States. The regulation at 8 C.F.R.§204.5(g)(2)states in pertinent part: 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 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. The regulation at 8 CFR§204.5(1)(3)(ii)states,in pertinent part: (A)General.Any requirements of training or experience for skilled workers,professionals,orother workers must be supported by letters from trainers or employers giving the name,address,and title of the trainer or employer,and a description of the training received or the experience ofthe alien. (B)Skilled workers.If the petition is for a skilled worker,the petition must be accompanied byevidence that the alien meets the educational,training or experience,and any other requirementsof the individual labor certification,meets the requirements for Schedule A designation,or meetsthe requirements for the Labor Market Information Pilot Program occupation designation.Theminimum requirements for this classification are at least two years of training or experience. The petitioner must demonstrate the continuing ability to pay the proffered wage beginning on the prioritydate,which is the date the Form ETA 750 Application for Alien Employment Certification,was accepted forprocessing by any office within the employment system of the U.S.Department of Labor.The petitioner mustalso demonstrate that,on the priority date,the beneficiary had the qualifications stated on its Form ETA 750Application for Alien Employment Certification as certified by the U.S.Department of Labor and submitted withthe instant petition.Matter of Wing's Tea House,16I&N Dec.158(Act.Reg.Comm.1977). EAC0501453674 Page 3 Here,the Form ETA 750 was accepted on August 28,2003.The proffered wage as stated on the Form ETA750 is $19.50 per hour(

FAQs

What was the outcome of the appeal?

The Administrative Appeals Office dismissed the appeal after the preference visa petition was denied by the Vermont Service Center director.

What was the petitioner's job offer and wage used in the petition?

The petitioner sought to employ the beneficiary as an auto mechanic, with a proffered wage stated on Form ETA 750 as $19.50 per hour (about $40,560 per year).

Why was the petition denied?

The director found the petitioner did not establish the continuing ability to pay the proffered wage beginning on the priority date, as required by regulation and evidence rules.

Sep 19, 2026

Upload by Gloria