EB-3 Remanded — Insurance (2017): the Director denied the petition, concluding the petitioner

Decision Summary

The Director denied the petition, concluding the petitioner had not established its ability to pay the proffered wage for 2016. The AAO found the Director erred by incorrectly relying on the beneficiary's current wages, clarifying that a petitioner is not required to pay the full proffered wage until the beneficiary obtains lawful permanent resident status. As the petitioner did demonstrate the ability to pay for 2015, the year of the priority date, the decision was withdrawn and the case was remanded.

Criteria Discussed

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