EB-3 Dismissed — Painting (2005): did not establish its ability to pay the proffered wage

Decision Summary

The appeal was dismissed because the petitioner, a painting company, failed to demonstrate its ability to pay the proffered wage from the priority date. The director initially denied the case based on the petitioner's individual tax returns showing insufficient income. On appeal, the petitioner provided a corporate tax return for one year, but the AAO found this evidence insufficient to establish the continuing ability to pay the required salary.

Criteria Discussed

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