EB-3 Dismissed — Cutting Service (2006): did not establish a continuing ability to pay the proffered

Decision Summary

The appeal was dismissed because the petitioner, a cutting service operating as a sole proprietorship, failed to demonstrate a continuing ability to pay the proffered wage from the priority date. The director and the AAO found that the petitioner's net income, as shown on tax returns, was insufficient to cover both the beneficiary's salary and the owners' household expenses. Despite a remand to provide more financial evidence, the petitioner did not overcome this deficiency.

Criteria Discussed

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