EB-3 Dismissed — Painting Services (2008): did not establish its continuing ability to pay the

Decision Summary

The appeal was dismissed because the petitioner failed to establish its continuing ability to pay the proffered wage of $49,500. An analysis of the petitioner's federal tax returns from 2001 to 2004 revealed net income figures and net losses that were insufficient to cover the proffered salary, and no other compelling evidence was provided to demonstrate financial viability.

Criteria Discussed

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