EB-3 Dismissed — Charity (2019): did not establish its continuing ability to pay the

Decision Summary

The appeal was dismissed because the petitioner failed to establish its continuing ability to pay the proffered wage from the priority date onward. The petitioner did not submit required regulatory evidence, such as tax returns or audited financial statements, and a pledge of future funds was deemed insufficient. Additionally, the AAO found that the record did not establish that the beneficiary met the minimum educational and experience requirements of the labor certification.

Criteria Discussed

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