EB-3 Dismissed — Medical Diagnostic Imaging (2019): 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 onward, submitting inconsistent and incomplete financial evidence. Furthermore, the AAO invalidated the labor certification after finding a willful misrepresentation of a material fact concerning a potential ownership or familial relationship between the petitioner and the beneficiary.

Criteria Discussed

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