EB-3 Dismissed — Retail Shipping (2018): the motion to reconsider was denied because the petitioner,

Decision Summary

The motion to reconsider was denied because the petitioner, a sole proprietorship, failed to demonstrate a continuous ability to pay the proffered wage from the priority date onward. The petitioner's new evidence was insufficient to cover financial shortfalls in multiple years, and its argument to use federal poverty guidelines instead of the proprietor's actual expenses was rejected as the governing policy is not legally binding and actual expenses are deemed more accurate.

Criteria Discussed

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