EB-3 Dismissed — Culinary (2006): did not establish its continuing ability to pay the

Decision Summary

The appeal was dismissed because the petitioner, a nursing home, failed to establish its continuing ability to pay the beneficiary the proffered wage of $39,520 annually, beginning on the priority date. The director's denial was based on insufficient financial evidence, such as federal tax returns, to meet the regulatory requirements. The AAO found the petitioner's arguments and submitted evidence on appeal unpersuasive in demonstrating the ability to pay.

Criteria Discussed

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