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

Decision Summary

The appeal was dismissed because the petitioner failed to establish a continuing ability to pay the beneficiary the proffered wage from the priority date. The petitioner's tax returns showed insufficient net income to cover the wage, and the wages actually paid to the beneficiary were significantly less than the proffered amount, with no other evidence demonstrating the financial capacity to cover the difference.

Criteria Discussed

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