EB-3 Dismissed — Auto Mechanics (2006): 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. An analysis of the company's tax returns showed that its net income and net current assets were insufficient to cover the required salary. The AAO rejected arguments based on future revenue generation and personal guarantees from the company president, as the ability to pay must be established with financial documentation as of the priority date.

Criteria Discussed

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