EB-3 Dismissed — Healthcare (2017): did not establish its ability to pay the combined proffered

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the combined proffered wages for this beneficiary and other beneficiaries from concurrently pending or approved petitions. The petitioner's total wage burden for 2016 was over $3.5 million, which exceeded both its net income and net current assets for that year. The petitioner's argument that beneficiaries would arrive at different times was found to be unpersuasive, as regulations require demonstrating the ability to pay from the petition's priority date.

Criteria Discussed

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