EB-3 Dismissed — Management (2020): did not establish its continuing ability to pay the

Decision Summary

The appeal was dismissed because the petitioner failed to establish its continuing ability to pay the proffered wage from the priority date onward. The petitioner did not provide the required regulatory evidence, such as audited financial statements or federal tax returns for the relevant period, and the unaudited financial statements submitted were deemed insufficient.

Criteria Discussed

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