EB-3 Dismissed — Retail (2006): did not establish its continuing ability to pay the

Decision Summary

The appeal was dismissed because the petitioner, a convenience store, failed to demonstrate its continuing ability to pay the proffered wage from the priority date. The director and the AAO reviewed the petitioner's tax returns and determined that its net income was insufficient to cover the beneficiary's proposed salary. The petitioner did not provide alternative evidence, such as proof of payment to the beneficiary, to establish its financial capacity.

Criteria Discussed

Sign up free to download the original PDF