EB-3 Dismissed — Music (2005): 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 for 2000, 2001, and 2002 all showed significant net income losses, which were insufficient to cover the beneficiary's required salary. The AAO upheld the director's reliance on net income as the primary measure of ability to pay.

Criteria Discussed

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