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

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate a continuing ability to pay the beneficiary the proffered wage from the priority date onward. Although the petitioner proved it paid the wage in 2005, it did not provide sufficient financial evidence, such as complete tax returns, to establish its ability to pay for the period from the priority date in 2002 through 2004.

Criteria Discussed

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