EB-3 Dismissed — Automotive Service: 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 from the priority date. The evidence, including federal tax returns and the beneficiary's W-2 statements, showed that the petitioner's net income was insufficient to cover the proffered salary and that the beneficiary was not already being paid the full amount.

Criteria Discussed

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