EB-3 Dismissed — Barbering: 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 of $31,200 annually from the priority date onward. The evidence, including corporate tax returns, showed the petitioner's net income and net current assets were consistently far below the proffered wage, and their arguments about future revenue were deemed speculative.

Criteria Discussed

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