EB-3 Dismissed — Tire Retreading (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 director's reliance on the petitioner's net income, as shown on federal tax returns, was deemed appropriate, and the petitioner's arguments to the contrary were rejected. Evidence of wages paid to the beneficiary was submitted for the first time on appeal and therefore was not considered.

Criteria Discussed

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