EB-3 Dismissed — Upholstery: did not establish the ability to pay the proffered wage

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate the ability to pay the proffered wage. The director found, and the AAO agreed, that the petitioner's net income for 2002 ($14,737) was insufficient to cover the proffered annual wage ($36,108.80). The petitioner did not provide adequate financial evidence, such as subsequent tax returns, to prove a continuing ability to pay since the priority date.

Criteria Discussed

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