EB-3 Dismissed — Nursing (2020): the motion to reopen and reconsider was dismissed because

Decision Summary

The motion to reopen and reconsider was dismissed because the petitioner failed to demonstrate its ability to pay the proffered wage. The decision noted that while the petitioner had sufficient net income for this single beneficiary, it failed to establish its ability to pay the wages for the hundreds of other petitions it had also filed. The petitioner's arguments to include housing allowances as part of the beneficiary's paid wages were found unpersuasive due to a lack of proper documentation.

Criteria Discussed

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