EB-3 Remanded — Marble Installation (2005): the director initially denied the petition, finding the

Decision Summary

The director initially denied the petition, finding the petitioner had not established its ability to pay the proffered wage. The AAO found that new evidence submitted on appeal, including W-2s and tax returns, demonstrated that the wages the petitioner actually paid the beneficiary during the relevant periods met or exceeded the proffered wage. The case was therefore remanded for a new decision based on this finding.

Criteria Discussed

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