EB-3 Dismissed — Stone Fabrication (2007): did not establish a continuing ability to pay the

Decision Summary

The appeal was dismissed because the petitioner, a sole proprietorship, failed to demonstrate a continuing ability to pay the beneficiary the proffered wage. The director found, and the AAO agreed, that the evidence submitted, including tax returns and W-2 statements, did not establish the petitioner's financial capacity to pay the required salary from the priority date onward.

Criteria Discussed

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