EB-3 Dismissed — Dentistry (2006): 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 evidence, primarily federal tax returns, showed a net loss for the relevant period, which was insufficient to cover the beneficiary's salary. The AAO rejected the petitioner's reliance on unaudited financial statements and bank account balances as unreliable evidence of financial ability.

Criteria Discussed

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