EB-3 Dismissed — Retail Business (2023): did not establish its ability to pay the proffered wage

Decision Summary

The appeal was dismissed because the Petitioner failed to establish its ability to pay the proffered wage from the priority date onward. Analysis of tax returns from 2001-2005 showed that the Petitioner's net income and net current assets were insufficient to cover the shortfall between the proffered wage and the wages actually paid. The Petitioner also failed to provide required financial evidence for the period after 2011.

Criteria Discussed

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