EB-3 Dismissed — Robotics (2018): 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 priority date onward. The petitioner's 2015 tax return showed a net loss and net current liabilities, and the wages paid to the beneficiary were below the proffered wage. Other evidence, such as bank statements and grant funds, was deemed insufficient as it was not established that these funds were separate from those already accounted for in the tax return.

Criteria Discussed

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