EB-3 Dismissed — Hospitality: did not establish its continuing ability to pay the

Decision Summary

The appeal was dismissed because the petitioner, a motel, failed to demonstrate its continuing ability to pay the beneficiary the proffered wage from the priority date onward. The director found the evidence, primarily federal tax returns, insufficient to establish the petitioner's financial capacity, and the petitioner did not provide alternative proof, such as W-2 forms showing the beneficiary was already being paid the required salary.

Criteria Discussed

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