EB-3 Dismissed — Carpentry (2019): 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 onward. The company's tax returns for 2017 and 2018 showed net income and net current assets that were insufficient to cover the wage. The totality of the petitioner's circumstances, including fluctuating revenue, also did not support a finding of financial ability.

Criteria Discussed

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