EB-3 Dismissed — Meat Cutting: did not establish a continuing ability to pay the proffered

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate a continuing ability to pay the proffered wage from the priority date. The petitioner's tax returns from 2001 through 2004 showed that its net income was consistently less than the proffered annual wage of $42,640, and the petitioner did not provide other evidence to establish its ability to pay.

Criteria Discussed

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