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

Decision Summary

The appeal was dismissed because the petitioner, an auto repair company, failed to demonstrate its ability to pay the proffered wage starting from the priority date. The petitioner's corporate tax returns for 2001 and 2002 showed significant net losses, which were insufficient to pay the difference between the wage already paid to the beneficiary and the proffered wage. The AAO affirmed the director's reliance on net income as shown on federal tax returns as the primary evidence of financial ability.

Criteria Discussed

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