EB-3 Dismissed — Retail Management (2018): 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 from the petition's priority date onward. For 2016, the petitioner's net income and net current assets were both less than the proffered wage, and a totality of the circumstances analysis did not overcome this deficiency. The AAO also raised new concerns about the bona fides of the job opportunity due to a familial relationship between the beneficiary and a business associate of the petitioner's president.

Criteria Discussed

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