EB-3 Sustained — Physical Therapy (2006): the petition was initially denied because the director

Decision Summary

The petition was initially denied because the director found the petitioner had not established its continuing ability to pay the proffered wage. The petitioner appealed, submitting evidence such as the beneficiary's W-2, pay stubs, and company financial statements, arguing the beneficiary was already employed at a rate higher than the proffered wage and the company was profitable. Based on this evidence, the AAO found the petitioner demonstrated the ability to pay and sustained the appeal.

Criteria Discussed

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