EB-3 Dismissed — Logistics (2023): did not establish its ability to pay the proffered wage

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the proffered wage from the priority date. The petitioner's tax return showed a net income of -$261,907 and net current assets of -$354,474, insufficient to cover the $76,482 wage. The AAO rejected the argument that affiliated companies' finances could be considered, affirming that the petitioning entity must establish its own financial ability.

Criteria Discussed

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