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

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate a continuing ability to pay the proffered wage of $114,469.30 from the priority date. The petitioner's net income and net current assets were insufficient, and the AAO rejected the petitioner's arguments to consider gross receipts, depreciation, or wages paid to other employees as evidence of its ability to pay.

Criteria Discussed

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