EB-3 Dismissed — Baking (2006): 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. The petitioner's tax returns showed significant net income losses and negative net current assets for the relevant years. Additionally, the petitioner did not provide evidence that it was already employing the beneficiary at a salary equal to or greater than the proffered wage.

Criteria Discussed

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