EB-3 Dismissed — Nursing (2021): 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 onward. The AAO found that the petitioner paid the beneficiary less than the proffered wage and that the claimed housing allowances could not be counted towards the wage because they did not meet the requirements to be excluded from taxable income. The petitioner's net income or net current assets were also insufficient to cover the difference.

Criteria Discussed

Sign up free to download the original PDF