EB-3 Dismissed — Hardwood Flooring (2016): did not establish its ability to pay the proffered wage

Decision Summary

The appeal was dismissed because the petitioner failed to establish its ability to pay the proffered wage from the priority date onward. The Director and the AAO found that the petitioner's financial evidence, such as tax returns, did not demonstrate sufficient net income or net current assets to cover the wage. The petitioner's arguments under the 'totality of the circumstances' analysis from Matter of Sonegawa were found to be unpersuasive in overcoming this deficiency.

Criteria Discussed

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