EB-3 Sustained — Manufacturing: the director denied the petition because the petitioner's

Decision Summary

The director denied the petition because the petitioner's corporate tax returns showed significant net losses for 2001, 2002, and 2003, failing to demonstrate the ability to pay the proffered wage. The AAO sustained the appeal, finding that the petitioner did possess the ability to pay, likely accepting the petitioner's argument on appeal that the beneficiary would be replacing a former employee, thus indicating the funds were already allocated.

Criteria Discussed

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