EB-3 Remanded — Nursing (2020): the Director denied the petition, concluding the

Decision Summary

The Director denied the petition, concluding the S-corporation petitioner had not established its continuing ability to pay the proffered wage. The petitioner attempted to use the personal financial assets of an officer to meet the requirement, but the AAO affirmed that a corporation is a separate legal entity and the assets of its shareholders cannot be considered to establish its ability to pay. Despite agreeing with the Director's legal analysis, the AAO withdrew the decision and remanded the case for a new decision.

Criteria Discussed

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