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

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate its continuing ability to pay the proffered wage from the priority date. The AAO found that the petitioner's tax returns for 2001 and 2002 showed both taxable income and net current assets that were significantly below the required wage of $23,566.40. The petitioner's alternative evidence and arguments were insufficient to overcome the financial evidence presented in its own tax returns.

Criteria Discussed

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