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

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate its continuing ability to pay the proffered wage of $114,192.00 from the priority date onward. The petitioner's 2001 tax return showed a net income of only $14,354.00, which was insufficient to cover the wage. Furthermore, the petitioner did not submit its tax return for 2002 or any other evidence to prove its financial viability.

Criteria Discussed

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