EB-3 Dismissed — Cook (2020): did not establish a continuing ability to pay the proffered

Decision Summary

The appeal was dismissed because the petitioner, a limited liability company (LLC), failed to demonstrate a continuing ability to pay the proffered wage from the priority date onward. The petitioner's net income was insufficient for several years, and it did not provide the required audited financial statements, instead submitting unaudited statements and personal assets of its member, which were deemed insufficient and irrelevant as the LLC is a separate legal entity.

Criteria Discussed

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