EB-3 Dismissed — General Merchandise (2006): did not establish the continuing ability to pay the

Decision Summary

The appeal was dismissed because the petitioner failed to establish the continuing ability to pay the proffered wage from the priority date. The petitioner's tax returns from 2001 through 2004 consistently showed a net income significantly lower than the proffered wage of $48,600. The evidence submitted was insufficient to prove the petitioner's financial capacity to employ the beneficiary.

Criteria Discussed

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