EB-3 Dismissed — Nail Salon (2016): did not establish the ability to pay the proffered wage

Decision Summary

The appeal was dismissed because the petitioner, a sole proprietorship, failed to demonstrate the ability to pay the proffered wage. The Director determined that the petitioner's adjusted gross income was insufficient to cover both her family's living expenses and the beneficiary's salary. The petitioner's reliance on personal bank accounts and retirement funds was also found to be unpersuasive, as the funds were either insufficient, jointly owned, or subject to early withdrawal penalties.

Criteria Discussed

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