EB-3 Dismissed — Machinist: did not establish its continuing ability to pay the

Decision Summary

The appeal was dismissed because the petitioner failed to establish its continuing ability to pay the proffered wage from the priority date. The evidence, including tax returns and the beneficiary's W-2 forms, showed that the petitioner paid the beneficiary significantly less than the proffered wage, and its net income was insufficient to cover the difference.

Criteria Discussed

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