EB-3 Dismissed — International Trade Financing (2024): did not establish its ability to pay the proffered wage

Decision Summary

The appeal was dismissed because the petitioner failed to prove its ability to pay the proffered wage from the priority date onwards. The petitioner's tax returns showed insufficient net income and net current assets, and the AAO declined to consider the personal assets of the S-corporation's owner. Other evidence, such as bank statements and claims of uncharacteristic business performance due to the pandemic, was deemed insufficient to establish the required financial ability.

Criteria Discussed

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