EB-3 Dismissed — Pharmaceuticals (2017): did not establish its ability to pay the proffered wage

Decision Summary

The appeal was dismissed because the petitioner failed to establish its ability to pay the proffered wage from the priority date onwards. The company's tax returns showed a net loss and negative net current assets, which were insufficient. The argument that another entity was legally responsible for paying the salary was not accepted, as a petitioner must demonstrate its own financial ability.

Criteria Discussed

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