EB-3 Dismissed — Roofing: did not establish its ability to pay the proffered wage

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the proffered wage from the priority date onwards, as required. The evidence submitted, including W-2 forms, showed that the actual wages paid to the beneficiary were significantly less than the proffered wage. The decision also noted discrepancies regarding the beneficiary's employment history and the petitioner's business name, which further weakened the case.

Criteria Discussed

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