EB-3 Dismissed — Janitorial Services (2005): did not establish the continuing ability to pay the

Decision Summary

The appeal was dismissed because the petitioner, a sole proprietorship, failed to demonstrate the continuing ability to pay the proffered wage from the priority date. The director found that the evidence did not establish that the petitioner could cover the beneficiary's salary in addition to the owner's personal and family living expenses, a requirement for sole proprietorships.

Criteria Discussed

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