EB-3 Dismissed — Wholesale Trade: 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. Analysis of the petitioner's tax returns for the years 2000, 2001, and 2002 showed that its taxable income, as well as its net current assets, were insufficient to cover the required salary. The wages actually paid to the beneficiary during this period were also below the proffered wage.

Criteria Discussed

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