EB-3 Dismissed — Maintenance Mechanic: 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's tax returns showed significant net losses for the years 2001 and 2002. Although evidence showed the petitioner paid the beneficiary the required wage in 2003, this did not prove the ability to pay for the entire period starting from the 2001 priority date, as required by regulation.

Criteria Discussed

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