EB-3 Dismissed — Auto Service: did not establish its continuing ability to pay the

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate its continuing ability to pay the proffered wage from the priority date. The director found that the wages paid to the beneficiary in 2001 and 2002 were substantially less than the proffered wage, and the petitioner did not submit sufficient evidence, such as federal tax returns for all relevant years, to establish it could cover the difference.

Criteria Discussed

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