EB-3 Dismissed — Asbestos Removal: did not establish evidence of its continuing ability to pay

Decision Summary

The appeal was dismissed because the petitioner failed to provide evidence of its continuing ability to pay the proffered wage, such as federal tax returns or financial statements. The petitioner also failed to submit evidence establishing that the beneficiary possessed the required training for the position as of the priority date. Arguments to consider the assets of a different corporation were rejected as a corporation is a separate legal entity.

Criteria Discussed

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