EB-3 Dismissed — Accounting (2006): did not establish a continuing ability to pay the proffered

Decision Summary

The appeal was dismissed because the petitioner, a clothing and merchandise distributor operating as a sole proprietorship, failed to demonstrate a continuing ability to pay the proffered wage from the priority date. The petitioner's net profits in the years 2001, 2002, and 2003 were all significantly lower than the proffered annual wage of $60,590.40. The AAO found the additional evidence of the owner's personal assets and equity insufficient to establish the company's ability to pay.

Criteria Discussed

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