EB-3 Dismissed — Nursing (2021): 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. Evidence showed the petitioner did not pay the beneficiary the full annual proffered wage in 2019 or 2020. Consequently, the petitioner was required to demonstrate its ability to pay the combined wages for all its beneficiaries, which it also failed to do.

Criteria Discussed

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