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

Decision Summary

The appeal was dismissed because the petitioner failed to establish its continuing ability to pay the proffered wage from the priority date. The petitioner's tax returns for 2001 and 2002 showed significant net losses, and its net current assets were also insufficient. The AAO rejected the argument that a line of credit could be considered as evidence of ability to pay.

Criteria Discussed

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