EB-3 Dismissed — Physical Therapy (2006): did not establish a continuing ability to pay the proffered

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate a continuing ability to pay the proffered wage from the priority date. The petitioner did not provide sufficient financial evidence, such as its tax returns for the relevant year or requested quarterly tax forms, to establish it could afford to pay the beneficiary, especially in light of numerous other alien worker petitions it had filed.

Criteria Discussed

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