EB-3 Dismissed — Auto Repair (2016): did not establish a continuing ability to pay the

Decision Summary

The appeal was dismissed because the petitioner, a sole proprietor, failed to demonstrate a continuing ability to pay the beneficiary's proffered wage from the priority date. The owner's adjusted gross income, as shown on tax returns, was insufficient to cover both his personal household expenses and the beneficiary's salary. The AAO also determined that the value of the owner's real estate holdings could not be considered as they are not liquid assets available for paying wages.

Criteria Discussed

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