EB-3 Dismissed — Asbestos Removal (2006): did not establish a continuing ability to pay the proffered

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate a continuing ability to pay the proffered wage from the priority date. The director found, and the AAO agreed, that the evidence submitted, including tax returns and the beneficiary's W-2s, did not establish that the petitioner had sufficient net income or had been paying the beneficiary a salary equal to or greater than the proffered wage.

Criteria Discussed

Sign up free to download the original PDF