EB-3 Dismissed — Textile Design: did not establish the continuing ability to pay the

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate the continuing ability to pay the proffered wage from the priority date. The petitioner's federal tax returns for the relevant years showed that its net income and net current assets were both significantly less than the proffered annual salary. The AAO rejected counsel's arguments to consider depreciation or net operating loss as available funds, affirming that CIS properly relies on net income or net current assets to determine financial ability.

Criteria Discussed

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