EB-3 Dismissed — Jewelry: did not establish a continuing ability to pay the proffered

Decision Summary

The appeal was dismissed because the petitioner, a sole proprietorship, failed to demonstrate a continuing ability to pay the proffered wage from the priority date. Although the owner's adjusted gross income on tax returns exceeded the proffered wage, there were insufficient funds remaining to pay the salary after accounting for the owner's personal household living expenses.

Criteria Discussed

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