EB-3 Remanded — Healthcare (2023): while the petitioner successfully established it was a

Decision Summary

The appeal was remanded because while the petitioner successfully established it was a valid U.S. employer, overcoming the initial ground for denial, the AAO found other unresolved issues. The record lacked sufficient evidence to demonstrate the petitioner's ability to pay the proffered wage, particularly when considering its obligations to other beneficiaries. Furthermore, questions arose regarding whether the petitioner provided the required notice of labor certification filing to the appropriate union bargaining representative.

Criteria Discussed

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