Dismissed
EB-3
EB-3 Dismissed — Packing And Shipping (2023): did not establish a continuous ability to pay the proffered
Decision Summary
The motion was dismissed because the petitioner, a sole proprietor, failed to demonstrate a continuous ability to pay the proffered wage for the years 2010 through 2012. The AAO rejected the petitioner's arguments regarding equitable estoppel and the use of Federal Poverty Guidelines, concluding it lacks equitable powers and is not required by official policy to use those guidelines to determine the petitioner's ability to pay.
Criteria Discussed
Ability To Pay Proffered Wage Sole Proprietor Living Expenses Net Income Net Current Assets Equitable Estoppel Federal Poverty Guidelines
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