EB-3 Dismissed — Baking (2006): 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 director and the AAO found that the evidence provided, primarily federal tax returns, did not show sufficient net income to cover the salary. The petitioner's arguments to use alternative financial metrics like depreciation, assets, and gross sales were rejected based on established precedent.

Criteria Discussed

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