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

Decision Summary

The appeal was dismissed because the petitioner failed to establish its continuing ability to pay the beneficiary the proffered wage from the priority date. The director's decision was based on the petitioner's tax returns which did not show sufficient net income or net current assets. The petitioner's arguments on appeal, which relied on gross receipts and total payroll expenses, were found to be insufficient as legal precedent requires an analysis of net income.

Criteria Discussed

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