EB-3 Dismissed — Solar Energy (2006): 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. The petitioner did not submit the required evidence, such as its annual reports, tax returns, or audited financial statements, to establish sufficient net income or net current assets. Evidence submitted from a different corporate entity was not considered as a successor-in-interest relationship was not established.

Criteria Discussed

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