EB-3 Dismissed — Retail Shipping (2018): the motion to reopen and reconsider was dismissed because

Decision Summary

The motion to reopen and reconsider was dismissed because the petitioner failed to demonstrate a continuous ability to pay the proffered wage. The new evidence submitted did not cover all the deficient years (2009-2012), and the arguments to reconsider the financial analysis—such as using federal poverty guidelines for expenses or counting a line of credit as an asset—were found unpersuasive and not required by law or policy.

Criteria Discussed

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