EB-3 Dismissed — Computer Hardware (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 starting from the priority date. The petitioner's corporate tax returns showed negative net income for two of the three relevant years and insufficient net current assets. The AAO found the additional evidence, such as bank statements and unaudited financial reports, unpersuasive and insufficient to overcome the primary financial evidence.

Criteria Discussed

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