EB-3 Dismissed — Operations Research (2020): 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 petition's priority date. For 2017, the petitioner's net income and net current assets were insufficient to cover the difference between the wage paid and the proffered wage. An analysis of the totality of the circumstances under Matter of Sonegawa also did not establish the petitioner's ability to pay, given decreasing revenues and a past loan default.

Criteria Discussed

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