EB-3 Dismissed — Tailoring (2006): did not establish a continuing ability to pay the proffered

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate a continuing ability to pay the proffered wage from the priority date. The petitioner's corporate income tax return for 2001 showed a net loss, which was insufficient to cover the proffered wage, and submitted evidence for subsequent years also failed to establish the required financial ability.

Criteria Discussed

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