EB-3 Dismissed — Upholstery And Furniture: did not establish its continuing ability to pay the

Decision Summary

The appeal was dismissed because the petitioner failed to establish its continuing ability to pay the beneficiary the proffered wage from the priority date. The petitioner's tax returns did not demonstrate sufficient net income or net current assets to cover the wage. The AAO affirmed the director's reliance on net income as the primary measure of financial ability, rejecting the petitioner's argument to consider gross receipts or cash flow.

Criteria Discussed

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