EB-3 Dismissed — Fashion Manufacturing (2006): did not establish its ability to pay the proffered wage

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the proffered wage from the priority date. The petitioner's tax returns for the years 2002 and 2003 showed net income losses, which were insufficient to cover the beneficiary's annual proffered wage of $24,861.20. Additionally, the petitioner did not provide evidence of prior wages paid to the beneficiary.

Criteria Discussed

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