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

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate its continuing financial ability to pay the proffered wage from the priority date. The petitioner's net income and net current assets in 2001 were both insufficient to cover the beneficiary's salary. The AAO rejected the petitioner's argument to consider total assets, clarifying that only net income or net current assets are the appropriate measures of ability to pay.

Criteria Discussed

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