EB-3 Dismissed — Marketing (2006): did not establish the continuing ability to pay the

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate the continuing ability to pay the proffered wage from the priority date. The petitioner's tax returns for 2001, 2002, and 2003 all showed negative net income and insufficient net current assets. The AAO rejected the petitioner's arguments regarding the financial support of a foreign entity, stating the U.S. petitioner is a separate legal entity and must demonstrate its own ability to pay.

Criteria Discussed

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