EB-3 Dismissed — Baking: did not establish a continuing ability to pay the proffered

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate a continuing ability to pay the proffered wage from the priority date. Analysis of the petitioner's federal tax returns for 2001 and 2002 revealed that its net income was significantly lower than the required wage, thus failing to meet the regulatory requirements.

Criteria Discussed

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