EB-3 Dismissed — Clothing Manufacturing (2006): did not establish its continuing ability to pay the

Decision Summary

The appeal was dismissed because the petitioner, a clothing manufacturer, failed to demonstrate its continuing ability to pay the proffered wage starting from the priority date. The director noted the petitioner's net income and net current assets were insufficient to cover the beneficiary's salary, particularly since the company had sponsored five other workers. The AAO found the petitioner's arguments on appeal were unsubstantiated and did not overcome the deficiencies identified in the financial evidence.

Criteria Discussed

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