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

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate its continuing ability to pay the proffered wage from the priority date. The petitioner's federal tax returns for 2001, 2002, and 2003 all showed a taxable income far below the required annual salary of $47,694.40. The petitioner did not submit evidence of employing the beneficiary at the proffered wage, which would be another way to meet the requirement.

Criteria Discussed

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