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

Decision Summary

The appeal was dismissed because the petitioner, a convenience store and gas station, failed to demonstrate its ability to pay the proffered wage from the priority date onwards. The AAO reviewed the petitioner's tax returns and found its net income was insufficient to cover the beneficiary's salary. The petitioner's argument to substitute the wages paid to the beneficiary's wife was not found to be a valid demonstration of its financial ability.

Criteria Discussed

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