EB-3 Dismissed — Accounting (2023): did not establish its ability to pay the proffered wage

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the proffered wage from the priority date onward. The financial evidence, including a Form 10-K, was insufficient, and the petitioner's explanation that investment funds were unavailable due to foreign currency restrictions was considered speculative and did not satisfy its burden of proof.

Criteria Discussed

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