EB-3 Dismissed — Retail Management: 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 onward. The evidence provided, specifically federal tax returns for 2001-2004, showed insufficient net income and net current assets. For subsequent years, the petitioner failed to submit the required forms of evidence to establish its ability to pay.

Criteria Discussed

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