EB-3 Dismissed — Hospitality Management (2018): did not establish its continuing ability to pay the

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate its continuing ability to pay the proffered wage from the priority date onward. The AAO's review of the petitioner's tax returns showed that for multiple years, including 2001-2003, 2006-2008, and 2012, its net income and net current assets were insufficient to cover the required wage, and an analysis of the totality of the circumstances did not overcome this deficiency.

Criteria Discussed

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