EB-3 Dismissed — Marble Design: did not establish the continuing ability to pay the

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate the continuing ability to pay the proffered wage from the priority date. The petitioner's corporate tax returns for 2001 and 2002 showed that both its ordinary income and net current assets were substantially less than the proffered annual salary of $37,440. The director found, and the AAO agreed, that the submitted evidence was insufficient to establish the petitioner's financial viability.

Criteria Discussed

Sign up free to download the original PDF