EB-3 Dismissed — Martial Arts (2016): 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 onward. The petitioner's 2014 tax return reflected insufficient net income and net current assets to pay the wage. Furthermore, the petitioner did not establish it could cover the shortfall between the wages actually paid and the full proffered wage for 2015.

Criteria Discussed

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