EB-3 Dismissed — Administrative Services (2021): 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 onward. The petitioner's 2017 tax return showed a net loss, and it did not submit the required primary evidence (tax returns, annual reports, or audited financial statements) for subsequent years. The unaudited balance sheets and bank statements submitted on appeal were deemed insufficient to overcome this deficiency.

Criteria Discussed

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