EB-3 Dismissed — Carpentry: did not establish its continuing ability to pay the

Decision Summary

The appeal was dismissed because the petitioner, a sole proprietorship flooring company, failed to demonstrate its continuing ability to pay the proffered wage. The AAO analyzed the owner's individual tax returns and personal expenses. It concluded that after paying the beneficiary's salary, the owner's remaining adjusted gross income would be insufficient to cover his own family's living expenses, rendering the job offer unrealistic.

Criteria Discussed

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