EB-3 Dismissed — Jewelry (2007): 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. Analysis of the sole proprietor's tax returns showed insufficient income to cover business expenses, the owner's personal living expenses, and the beneficiary's proposed salary.

Criteria Discussed

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