EB-3 Dismissed — Optical Sales (2007): did not establish its continuing financial ability to pay

Decision Summary

The appeal was dismissed because the petitioner, an optical sales firm, failed to demonstrate its continuing financial ability to pay the proffered wage from the priority date. The petitioner's tax returns showed insufficient net income and net current assets. The unaudited financial statements provided on appeal were not considered persuasive evidence as regulations require audited statements.

Criteria Discussed

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