EB-3 Dismissed — Audiology (2018): 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. The petitioner's 2015 tax return showed net income and net current assets that were both insufficient to cover the wage. The petitioner's claims on appeal regarding accounts receivable and accrual-based profit were dismissed as they contradicted their own tax return and were not supported by an audited financial statement as required.

Criteria Discussed

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