In the summer of 2008 a Mexican National came to John A.Nicelli with a Denial notice of his I-140 Immigrant Visa Petition. After an evaluation of the employers Tax returns, Mr. John Nicelli realized that the employer was a sole proprietor and filed his taxes with U.S.Tax form Schedule C. The employers net income in the business was slightly below the prevailing wage. However the employer had a very substantial personal income.  After being retained Mr. John Nicelli filed a new petition. After explaining and demonstrating to the U.S. Citizenship and Immigration Services that the employer had sufficient income to pay the wage, the petition was approved. The applicant was allowed to file for adjustment of status. In October 2009 the applicant was granted Permanent Residence. (Oct. 2009)