EB-3 Dismissed — Martial Arts: did not establish its continuing ability to pay the

Decision Summary

The appeal was dismissed because the petitioner, a martial arts academy, failed to demonstrate its continuing ability to pay the proffered wage from the priority date onwards. The AAO found the submitted financial evidence, including tax returns and bank statements, insufficient to establish this ability. The petitioner's argument to include the income of affiliated companies was rejected, as the AAO does not 'pierce the corporate veil' to consider the assets of separate legal entities.

Criteria Discussed

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