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

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate a continuing ability to pay the proffered wage from the priority date. The petitioner improperly submitted financial documents from a different business entity without establishing that it was a successor-in-interest. Consequently, the AAO disregarded that evidence and found the petitioner itself had not proven its ability to pay.

Criteria Discussed

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