EB-3 Dismissed — Technology: 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. An analysis of the company's tax returns revealed insufficient net income or net current assets to cover the required salary. The AAO rejected the petitioner's argument to use its members' personal assets, affirming that a limited liability company (LLC) is a separate legal entity from its owners.

Criteria Discussed

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