EB-3 Dismissed — Jewelry Retail: did not establish its continuing ability to pay the

Decision Summary

The appeal was dismissed because the petitioner failed to establish its continuing ability to pay the proffered wage. The director's decision was based on federal tax returns from 2001, 2002, and 2003, which all showed a net income loss, insufficient to cover the beneficiary's annual salary of $29,146. The petitioner did not provide any alternative evidence on appeal to demonstrate financial viability.

Criteria Discussed

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