EB-3 Dismissed — Janitorial Services (2006): did not establish the ability to pay the proffered wage

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate the ability to pay the proffered wage from the priority date. The financial evidence submitted was conflicting, with tax returns and W-2s referencing different company names and tax identification numbers. This ambiguity, along with insufficient financial data, meant the petitioner did not establish it had the net income or assets to cover the salary.

Criteria Discussed

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