EB-3 Dismissed — Nursing (2006): did not establish its ability to pay the proffered wage

Decision Summary

The appeal was dismissed because the petitioner failed to establish its ability to pay the proffered wage from the priority date. The petitioner did not provide the required primary evidence, such as federal tax returns or audited financial statements, in response to a Request for Evidence. The unaudited financial statement submitted on appeal was deemed insufficient as regulations require audited statements when financial statements are used as evidence.

Criteria Discussed

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