EB-3 Dismissed — Housekeeping: did not establish its continuing ability to pay the

Decision Summary

The appeal was dismissed because the petitioner, a retirement home, failed to demonstrate its continuing ability to pay the proffered wage from the priority date. The petitioner's tax returns consistently showed a net income and net current assets that were insufficient to cover the beneficiary's salary, and the arguments presented on appeal did not overcome this deficiency.

Criteria Discussed

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