EB-3 Dismissed — Hospitality (2005): 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 from the priority date. The petitioner's tax returns for 2002 and 2003 showed significant net income losses and negative net current assets, which were insufficient to cover the beneficiary's salary.

Criteria Discussed

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