EB-3 Dismissed — Landscaping (2006): did not establish a continuing ability to pay the proffered

Decision Summary

The appeal was dismissed because the petitioner failed to establish a continuing ability to pay the proffered wage from the priority date. Additionally, a key issue was the petitioner's relationship to the original employer that filed the labor certification, as the petitioner operated under a different name and did not sufficiently prove it was a valid successor-in-interest.

Criteria Discussed

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