EB-3 Dismissed — Physical Therapy (2006): did not establish its ability to pay the beneficiary the

Decision Summary

The appeal was dismissed because the petitioner, a physical therapy clinic, failed to establish its ability to pay the beneficiary the proffered wage of $83,200 per year. The director initially denied the petition for this reason, and the AAO affirmed, noting that evidence such as paystubs did not demonstrate that the beneficiary was paid the full wage as of the priority date. The petitioner's financial documents did not otherwise prove it could realistically support the job offer.

Criteria Discussed

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