EB-3 Dismissed — Retail Shipping Services (2021): the motion to reopen and reconsider was dismissed because

Decision Summary

The motion to reopen and reconsider was dismissed because the petitioner, a sole proprietor, failed to establish a continuing ability to pay the proffered wage from the priority date onward. Specifically, the petitioner did not demonstrate sufficient funds for the years 2010, 2011, and 2012, as their income was insufficient to cover both personal household expenses and the beneficiary's salary. The AAO rejected the petitioner's arguments regarding the use of lines of credit, net operating losses, and other discretionary funds to cover the wage shortfall.

Criteria Discussed

Sign up free to download the original PDF