EB-3 Dismissed — Meat Cutting (2006): did not establish its continuing ability to pay the

Decision Summary

The appeal was dismissed because the petitioner, a sole proprietorship, failed to demonstrate its continuing ability to pay the proffered wage. The petitioner's adjusted gross income on its tax returns for the relevant years was less than the proffered wage and insufficient to cover both the owner's personal living expenses and the beneficiary's salary. The AAO determined that the evidence, including arguments about net current assets, did not overcome this deficiency.

Criteria Discussed

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