EB-3 Dismissed — General Merchandise (2006): 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 director found, and the AAO agreed, that the petitioner's tax returns from 2001 through 2004 showed a taxable income insufficient to cover the beneficiary's annual salary of $48,600. The petitioner also failed to establish its ability to pay through its net current assets.

Criteria Discussed

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