EB-3 Dismissed — Nursing (2019): did not establish its ability to pay the proffered wage

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the proffered wage. The AAO rejected the petitioner's arguments to prorate the annual wage from the priority date and to include housing allowances as part of the wage. Although the petitioner had sufficient net income and assets to cover this single beneficiary's wage, it was required to show it could pay the combined wages for all other petitions it had filed, which it did not establish.

Criteria Discussed

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