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

Decision Summary

The appeal was dismissed because the petitioner, a vintage instruments restoration firm, failed to demonstrate its continuing ability to pay the proffered wage from the priority date. Analysis of the petitioner's tax returns showed that its net income and net current assets were insufficient to cover the beneficiary's salary. The AAO rejected the petitioner's arguments that officer compensation or the owner's personal assets could be considered, as a corporation is a distinct legal entity that must prove its own financial viability.

Criteria Discussed

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