EB-3 Dismissed — Cooking (2020): 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 combined proffered wages for the beneficiary and other sponsored employees. The petitioner did not provide the required evidence regarding its other petitions to demonstrate it could cover the total wage deficiency. The Director also found the beneficiary lacked the required experience and that there was willful misrepresentation of a material fact.

Criteria Discussed

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