EB-3 Dismissed — Jewelry: 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 beneficiary the proffered wage. The director found, and the AAO agreed, that evidence such as tax returns and wages actually paid did not demonstrate that the petitioner had sufficient funds (either through net income, net current assets, or by paying the full salary) from the priority date onward.

Criteria Discussed

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