EB-3 Sustained — Healthcare: the director denied the petition, finding the petitioner's

Decision Summary

The director denied the petition, finding the petitioner's tax return, which showed a loss, failed to establish its ability to pay the proffered wage. The AAO sustained the appeal because the petitioner submitted new evidence, including accounts receivable and bank statements, and persuasively argued that the loss was due to non-recurring start-up costs and its cash-basis accounting method, thereby demonstrating a realistic job offer under the totality of the circumstances.

Criteria Discussed

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