EB-3 Dismissed — Retail: 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 beneficiary the proffered wage starting from the priority date. The director determined, and the AAO agreed, that analysis of the petitioner's financial documents, including tax returns, showed its net income and net current assets were insufficient to cover the required salary of $48,651.20 for the years in question.

Criteria Discussed

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