EB-3 Sustained — Bookkeeping: the director initially denied the petition because the

Decision Summary

The director initially denied the petition because the petitioner's tax returns showed net losses, failing to demonstrate a continuing ability to pay the proffered wage. The appeal was sustained because the petitioner submitted new evidence, including a W-2 form and recent pay stubs, which proved that an affiliated company was already paying the beneficiary a salary significantly higher than the proffered wage.

Criteria Discussed

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