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

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate a continuing ability to pay the proffered wage from the priority date. The evidence, including tax returns, showed that the petitioner's net income was insufficient to cover the salary, and the wages actually paid to the beneficiary were significantly less than the proffered amount. The petitioner's arguments regarding the owner's personal assets and the invalidity of the regulation were rejected.

Criteria Discussed

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