EB-3 Dismissed — Hvac/Refrigeration (2007): did not establish its ability to pay the proffered wage

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the proffered wage from the priority date onward. The director found, and the AAO agreed, that evidence such as tax returns was insufficient. A key issue was that the company name and tax ID changed, and the petitioner failed to prove it was a successor-in-interest to the original filing entity, preventing consideration of wages paid by the predecessor.

Criteria Discussed

Sign up free to download the original PDF