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

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate a continuing ability to pay the proffered wage from the priority date. The petitioner's corporate tax return for the relevant fiscal year showed a net income loss of over $109,000, which was insufficient to cover the proffered annual wage of $32,240. Furthermore, the petitioner did not submit evidence showing that the beneficiary was actually paid the full proffered wage during the period in question.

Criteria Discussed

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