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

Decision Summary

The appeal was dismissed because the petitioner, a supermarket, failed to establish its continuing ability to pay the proffered wage from the priority date onward. On appeal, the petitioner submitted amended tax returns and an accountant's letter to show the beneficiary's salary had been miscategorized as 'purchases,' but the AAO found these assertions were not sufficient evidence without primary documentation like pay stubs or cancelled checks.

Criteria Discussed

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