EB-3 Dismissed — Floor Installation: 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's tax returns did not show sufficient net income, and there was no other compelling evidence, such as proof of wages paid to the beneficiary, to demonstrate the financial ability to support the job offer. The director also initially denied the petition based on the beneficiary's lack of requisite experience.

Criteria Discussed

Sign up free to download the original PDF