EB-3 Dismissed — Residential Care (2021): did not establish its ability to pay the beneficiary the

Decision Summary

The appeal was dismissed because the petitioner, a board and care home, failed to demonstrate its ability to pay the beneficiary the proffered wage from the priority date. The petitioner's tax returns consistently showed that its expenses exceeded its revenue, and arguments based on the Matter of Sonegawa precedent were found inapplicable as the company did not show a history of profitability. Evidence such as bank statements and partial wages already paid to the beneficiary were deemed insufficient to prove financial viability.

Criteria Discussed

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