EB-3 Sustained — Recreation Facility Management (2007): did not establish ability to pay the proffered wage

Decision Summary

The director denied the petition for failing to establish the ability to pay the proffered wage. The AAO sustained the appeal, finding that for a substituted beneficiary, the wages already paid to the original employee could be considered. The petitioner only needed to demonstrate the ability to pay the difference between the original employee's salary and the proffered wage, which the AAO concluded it had.

Criteria Discussed

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