EB-3 Dismissed — Mechanical Engineering (2006): 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 beneficiary the proffered wage from the priority date. The petitioner's tax returns and financial statements showed insufficient net income or net current assets to cover the proffered annual salary of $74,360, after accounting for the wages already paid to the beneficiary.

Criteria Discussed

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