EB-3 Dismissed — Warehousing: did not establish a continuing ability to pay the proffered

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate a continuing ability to pay the proffered wage from the priority date. The petitioner's tax returns for the years 2001 through 2003 showed significant net income losses and negative net current assets, which were insufficient to cover the beneficiary's salary. The AAO rejected the argument that the personal assets of the petitioner's owners could be considered to establish the company's ability to pay.

Criteria Discussed

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