EB-3 Dismissed — Alteration Tailor (2005): did not establish its continuing ability to pay the

Decision Summary

The appeal was dismissed because the petitioner, a dry cleaning company, failed to demonstrate its continuing ability to pay the proffered wage from the priority date. The petitioner did not provide sufficient financial evidence, such as federal tax returns for all relevant years, to prove its ability to pay. Arguments to consider depreciation or potential savings from hiring the beneficiary were rejected as inconsistent with established precedent.

Criteria Discussed

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