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

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate its continuing ability to pay the proffered wage from the priority date. The petitioner's corporate tax returns for the relevant years (2001-2003) showed a net taxable income significantly lower than the proffered annual wage of $52,600. Furthermore, the wages actually paid to the beneficiary during those years were also below the required amount.

Criteria Discussed

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