EB-3 Dismissed — Clothing Alteration (2017): did not establish its continuing ability to pay the

Decision Summary

The appeal was dismissed because the petitioner, a sole proprietorship, failed to prove its continuing ability to pay the proffered wage from the priority date. After subtracting the owners' living expenses from their adjusted gross income, the remaining income was insufficient. The owners' personal assets were also not enough to cover the shortfall, and an analysis of the totality of the circumstances did not otherwise establish the ability to pay.

Criteria Discussed

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