EB-3 Dismissed — Healthcare (2007): did not establish a continuing ability to pay the proffered

Decision Summary

The appeal was dismissed because the petitioner, a board and care facility, failed to demonstrate a continuing ability to pay the proffered wage from the priority date. The AAO analyzed the petitioner's tax returns and financial records, finding that its net income and net current assets were insufficient in multiple years to cover the difference between the wages paid and the proffered wage.

Criteria Discussed

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