EB-3 Dismissed — Paint And Wallpaper Sales (2006): did not establish its ability to pay the proffered wage

Decision Summary

The appeal was dismissed because the petitioner, a sole proprietorship, failed to demonstrate its ability to pay the proffered wage from the priority date. An analysis of the owner's personal tax returns for 2001, 2002, and 2003 revealed that subtracting the beneficiary's annual wage would result in a negative adjusted gross income for the owner in each year. This showed the petitioner could not pay the wage while also supporting his own family.

Criteria Discussed

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