EB-3 Dismissed — Retail (2020): did not establish a continuing ability to pay the proffered

Decision Summary

The motion was dismissed because the petitioner failed to establish a continuing ability to pay the proffered wage for the entire required period since the priority date. Although new evidence established the ability to pay for the years 2009 and 2017, the petitioner still could not demonstrate sufficient funds for the years 2010, 2011, and 2012.

Criteria Discussed

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