EB-3 Dismissed — Bakery: 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 beneficiary the proffered wage from the priority date. The petitioner's tax returns from 2001 through 2004 showed either a net loss or minimal net income, and its current liabilities exceeded its current assets during this period, failing to demonstrate financial viability.

Criteria Discussed

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