EB-3 Dismissed — Marble Installation (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. The petitioner argued the certified wage was too high and that it paid the beneficiary a lower wage in cash, but provided no documentary evidence to support this claim or otherwise demonstrate financial capacity through tax returns or other required evidence.

Criteria Discussed

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