EB-3 Dismissed — Dry Cleaning (2017): 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 petitioner's 2015 tax return showed a net loss and negative net current assets. The additional financial statements submitted on appeal were found to be unreliable due to numerous inconsistencies, including formatting issues and incorrect pagination, and therefore could not overcome the negative evidence in the tax return.

Criteria Discussed

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