EB-3 Dismissed — Jewelry (2024): did not establish initial evidence to demonstrate its

Decision Summary

The appeal was dismissed because the petitioner failed to provide the required initial evidence to demonstrate its continuing ability to pay the beneficiary's proffered wage. The petitioner did not submit its federal tax returns, annual reports, or audited financial statements for the latter part of 2020 and all of 2021. The AAO concluded that regulations and USCIS policy do not allow for excusing the absence of this specific evidence, even with the petitioner's explanation that tax preparation delays were beyond its control.

Criteria Discussed

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