EB-3 Dismissed — Mortgage Brokerage: did not establish a continuing ability to pay the proffered

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate a continuing ability to pay the proffered wage from the priority date. The petitioner's tax returns for the relevant years showed significant net losses and negative net current assets, which were insufficient to cover the proffered wage. The arguments and unaudited financial statements presented on appeal were not sufficient to overcome the negative financial data reflected in the official tax records.

Criteria Discussed

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