EB-3 Dismissed — Auto Body Repair (2006): did not establish a continuing ability to pay the proffered

Decision Summary

The appeal was dismissed because the petitioner failed to establish a continuing ability to pay the proffered wage from the priority date. The director also found that the petitioner had not established that the beneficiary possessed the requisite two years of experience as required by the labor certification. The financial evidence submitted, including tax returns and payments to the beneficiary, was deemed insufficient to demonstrate the ability to pay.

Criteria Discussed

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