sustained
EB-3
sustained EB-3 Case: Recreation Facility Management
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
Ability To Pay Proffered Wage
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