EB-3 Dismissed — Hospitality (2025): did not establish initial evidence of its ability to pay

Decision Summary

The appeal was dismissed because the petitioner failed to provide the required initial evidence of its ability to pay the proffered wage, specifically annual reports, federal tax returns, or audited financial statements. The petitioner argued that evidence of wages already paid to the beneficiary was sufficient, but the AAO concluded that under the plain language of the regulation and current USCIS policy, such wage evidence does not substitute for the required financial documents.

Criteria Discussed

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