EB-3 Dismissed — Manufacturing (2006): did not establish its continuing ability to pay the

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate its continuing ability to pay the proffered wage from the priority date of November 19, 2001. The petitioner did not provide complete wage records for the beneficiary for all relevant years, and the documentation provided for 2003 showed the beneficiary was paid less than the proffered wage. The petitioner also failed to submit its federal tax return for 2001, the year of the priority date.

Criteria Discussed

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