EB-3 Dismissed — Auto Repair: did not establish its continuing ability to pay the

Decision Summary

The appeal was dismissed because the petitioner, an auto repair business, failed to demonstrate its continuing ability to pay the beneficiary the proffered wage from the priority date onwards. The AAO affirmed the director's decision, finding that the petitioner's net income as reported on its federal tax returns was insufficient to cover the salary. The AAO specifically rejected the petitioner's argument that depreciation expenses should be added back to net income when assessing the ability to pay.

Criteria Discussed

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