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Sales Representative
Logistics
USCIS EB-3 rfe dismissed
2023-03-20
The appeal was dismissed because the Petitioner did not demonstrate the continuing ability to pay the proffered wage from the priority date. The company's net income and net current assets were negative, and the record lacked evidence of the Petitioner's reputation or uncharacteristic expenditures to justify a totality of circumstances finding. Legal precedent prevents the consideration of assets from separate legal entities or shareholders to satisfy the employer's wage obligation.