EB-3 Dismissed — Apparel Sales: did not establish the continuing ability to pay the

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate the continuing ability to pay the proffered wage. The director also determined that the beneficiary did not possess the required educational qualifications. The financial evidence, including tax returns and wage statements, showed that the petitioner did not pay the beneficiary the full proffered wage and could not cover the difference with its net income.

Criteria Discussed

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