EB-3 Dismissed — Welding: 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 onward. The petitioner attempted to use wage evidence from a different company, but did not establish that the new entity was a legal successor-in-interest to the original petitioning company, so the evidence could not be considered.

Criteria Discussed

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