dismissed
EB-3
dismissed EB-3 Case: Operations Research
Decision Summary
The appeal was dismissed because the petitioner failed to demonstrate its continuing ability to pay the proffered wage from the petition's priority date. For 2017, the petitioner's net income and net current assets were insufficient to cover the difference between the wage paid and the proffered wage. An analysis of the totality of the circumstances under Matter of Sonegawa also did not establish the petitioner's ability to pay, given decreasing revenues and a past loan default.
Criteria Discussed
Ability To Pay Proffered Wage Validity Of Labor Certification
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Avoid the mistakes that led to this denial
MeritDraft guides you through USCIS criteria so your draft is organized around the right evidence, legal framing, and common denial patterns.
Start a Stronger Draft →No credit card required. Generate your first petition draft in minutes.