EB-3 Dismissed — Baking: 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 proffered wage from the priority date. The AAO found that the petitioner's tax returns for 2001 and 2002 showed that both its taxable income and its net current assets were insufficient to cover the proffered annual wage of $24,689.60.

Criteria Discussed

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