EB-3 Dismissed — Travel Services (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 of 2001 through 2007. An analysis of the petitioner's tax returns showed that its net income and net current assets for each of those years were insufficient to cover the beneficiary's salary. The petitioner's argument to consider bank statements was rejected as this is not the primary evidence required by regulation and was not persuasive.

Criteria Discussed

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