EB-3 Remanded — Home Health Care (2020): the Director denied the petition, concluding the petitioner

Decision Summary

The Director denied the petition, concluding the petitioner failed to establish its ability to pay the proffered wage due to issues with its 2017 tax return. Although the petitioner addressed the tax return discrepancies on appeal, they did not sufficiently demonstrate the ability to pay from the 2018 priority date onward. The AAO remanded the case for the Director to properly examine the petitioner's ability to pay from 2018 forward, an analysis that was not conducted in the initial decision.

Criteria Discussed

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