EB-3 Dismissed — Auto Repair (2006): did not establish the continuing ability to pay the

Decision Summary

The appeal was dismissed because the petitioner, a sole proprietorship, failed to demonstrate the continuing ability to pay the proffered wage from the priority date. The petitioner's adjusted gross income for the years in question was substantially lower than the annual proffered wage of $29,244.80, and the petitioner also had to support his family from this income. The AAO rejected the use of bank statements as primary evidence, as they do not show a sustainable ability to pay and are not the type of evidence specified in the regulations.

Criteria Discussed

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