EB-3 Dismissed — Salon And Spa (2006): did not establish its continuing ability to pay the

Decision Summary

The appeal was dismissed because the petitioner, a salon and spa, failed to demonstrate its continuing ability to pay the proffered wage from the priority date. The director and the AAO determined that the evidence provided, primarily federal tax returns, did not establish sufficient net income to cover the beneficiary's salary. The petitioner's arguments that hiring the beneficiary would increase profitability and reduce payments to independent contractors were deemed insufficient to overcome the lack of documented financial ability.

Criteria Discussed

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