EB-3 Dismissed — Rug Repair: did not establish its ability to pay the proffered wage

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the proffered wage from the priority date. The petitioner's tax returns showed a net loss for the priority year, and the AAO rejected the argument that the personal assets of the S-corporation's owner could be considered, affirming that a corporation is a separate legal entity from its shareholders.

Criteria Discussed

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